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20170628 BM - CopyCommission Meeting (Presentations & Awards) City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive June 28, 2017 - 5:00 PM M ayor Philip Levine Commissioner John Elizabeth Aleman Commissioner Ricky Arriola Commissioner Michael G rieco Commissioner Joy Malakoff Commissioner Kristen Rosen G onzalez Commissioner Micky Steinberg City M anager Jimmy L. Morales City Attorney Raul J. Aguila City Clerk Rafael E. G ranado Visit us at www.miamibeachfl.gov for agendas and video streaming of City Commission Meetings. AT T ENT ION ALL LOBBYIST S Chapter 2, Article VII, Division 3 of the City Code of Miami Beach, entitled "Lobbyists," requires the registration of all lobbyists with the Office of the City Clerk prior to engaging in any lobbying activity with the City Commission, any City Board or Committee, or any personnel as defined in the subject Code sections. Copies of the City Code sections on lobbyists laws are available in the Office of the City Clerk. Questions regarding the provisions of the Ordinance should be directed to the Office of the City Attorney. To request this material in alternate format, sign language interpreter (five-day notice required), information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceedings, call 305.604.2489 and select 1 for English or 2 for Spanish, then option 6; TTY users may call via 711 (Florida Relay Service). I n order to ensure adequate public consideration, if necessary, the M ayor and City Commission may move any agenda item to an alternate meeting. I n addition, the Mayor and City Commission may, at their discretion, adjourn the Commission M eeting without reaching all agenda items. AGENDA KEY Presentations and Awards:Regular Agenda: PA - Presentations and Awards R2 - Competitive Bid Reports R5 - Ordinances Consent Agenda:R7 - Resolutions C2 - Competitive Bid Reports R9 - New Businesses & Commission Requests C4 - Commission Committee Assignments R10 - City Attorney Reports C6 - Commission Committee Reports C7 - Resolutions Reports and I nformational I tems Page 1 of 230 AGENDA 1.CALL TO O RDER PRESENTAT IONS AND AWARDS PA 1 CERTI FI CATE O F APPRECI ATI O N PRESENTED TO THE "I T’S NEVER O K" PANEL SPEAKERS W HO DI SCUSSED T EEN DATI NG VI O L ENCE AT THE M ARCH 16, 2017 M I AM I BEACH SENI O R HI G H SCHO O L PTSA G ENERAL M EETI NG . Commissioner Micky Steinberg Deferred from May 17, 2017 - PA 8 PA 2 PRO CL AM ATI O N DECLARI NG J UNE 2017, AS ALZHEI M ER’S AND BRAI N AWARENESS M O NTH. Vice-M ayor Kristen Rosen G onzalez PA 3 CERTI FI CATE O F APPRECI ATI O N PRESENTED TO KATI E CO M ER, A STRO NG VO I CE FO R HI STO RI C PRESERVATI O N AND APPRO PRI ATE DESI G N G UI DELI NES I N NO RTH BEACH. Commissioner Joy Malakoff PA 4 CERTI FI CATE O F RECO G NI TI O N PRESENT ED TO THE CI TY O F M I AM I BEACH FI RE DEPARTM ENT FO R RECEI VI NG THE AM ERI CAN HEART ASSO CI ATI O N'S 2017 M I SSI O N: LI FEL I NE EM S G O L D PLUS L EVEL RECO G NI TI O N AWARD. Commissioner Joy Malakoff PA 5 CERTI FI CATES O F APPRECI AT I O N TO BE PRESENTED TO CI TY STAFF FO R W O RLD O UT G AM ES. Tourism, Culture and Economic Development PA 6 CERTI FI CATES O F RECO G NI T I O N TO BE PRESENTED TO THE M I AM I BEACH RO WI NG CL UB. Vice-M ayor Kristen Rosen G onzalez CONSENT AGENDA C4 - Commission Committee Assignments C4 A REFERRAL TO PLANNI NG BO ARD - PRO PO SED O RDI NANCE PERTAI NI NG TO ACL F AND M EDI CAL USES. Planning Commissioner John Elizabeth Aleman C4 B REFERRAL TO THE LAND USE AND DEVELO PM ENT CO M M I TTEE AND DI RECTI O N TO PLANNI NG STAFF O N ANALY SI S RELATI NG TO PHARM ACI ES AND M EDI CAL CANNABI S DI SPENSARI ES. O ffice of the City Attorney Commissioner John Elizabeth Aleman C4 C REFERRAL TO THE LAND USE AND DEVEL O PM ENT CO M M I TTEE AND THE PLANNI NG BO ARD REL AT I NG TO PHARM ACI ES AND M EDI CAL CANNABI S Page 2 of 230 DI SPENSARI ES. O ffice of the City Attorney Commissioner Joy Malakoff C4 D REFERRAL TO THE NEI G HBO RHO O D/CO M M UNI TY AFFAI RS CO M M I TTEE AND THE FI NANCE AND CI TY WI DE PRO JECTS CO M M I TTEE - REQ UEST FO R CI TY TO SPO NSO R THE ST I NG SW I M CLUB. Vice-M ayor Kristen Rosen G onzalez C7 - Resolutions C7 A A RESO LUTI O N O F THE M AY O R AND CI TY CO M M I SSI O N O F THE CI TY O F M I AM I BEACH, FL O RI DA, REPEAL I NG RESO LUTI O N NO . 2017-29907 AND CAL L I NG FO R A SPECI AL ELECTI O N O N NO VEM BER 7, 2017, FO R THE PURPO SE O F SUBM I TTI NG TO THE EL ECTO RATE O F THE CI TY O F M I AM I BEACH, FLO RI DA A BALLO T Q UEST I O N ASKI NG WHETHER THE CI TY CO M M I SSI O N SHALL ADO PT AN O RDI NANCE CHANG I NG THE CURRENT 5:00 A.M. TERM I NATI O N TI M E TO 2:00 A.M. F O R THE SALE AND CO NSUM PTI O N O F ALCO HO L I C BEVERAG ES O N PRI VATE PRO PERTY AT ALCO HO LI C BEVERAG E ESTABL I SHM ENTS L O CATED O N O CEAN DRI VE FRO M 5TH TO 15TH STREETS, EXEM PT I NG FRO M THI S TI M E CHANG E THO SE I NDO O R PO RTI O NS O F AL CO HO L I C BEVERAG E ESTABLI SHM ENTS THAT ARE CO M PLETELY ENCLO SED AND LO CATED ENTI RELY WI THI N HO TEL S. O ffice of the City Attorney M ayor Philip Levine REGULAR AGENDA R5 - Ordinances R5 A NO RTH BEACH TATUM WATERWAY CO NSERVATI O N DI STRI CT DEM O LI T I O N M O RATO RI UM : AN O RDI NANCE O F THE M AY O R AND CI TY CO M M I SSI O N O F THE CI TY O F M I AM I BEACH, FLO RI DA, EXTENDI NG THE M O RATO RI UM THRO UG H O CTO BER 31, 2017, FO R PRO PERT I ES FRO NTI NG O N TATUM WATERWAY AND LO CATED O N T HE WEST SI DE O F TATUM WATERWAY DRI VE AND BY RO N AVENUE FRO M 77TH STREET TO 87TH STREET, PRO PERTI ES L O CATED O N THE EAST SI DE O F HAW THO RNE AVENUE FRO M 77TH STREET TO CRESPI BO UL EVARD, PRO PERTI ES L O CATED O N THE EAST SI DE O F CRESPI BO UL EVARD FRO M HAW THO RNE AVENUE TO 85TH STREET, AND PRO PERTI ES L O CATED O N T HE NO RTH SI DE O F 85TH STREET BET WEEN CRESPI BO UL EVARD AND BY RO N AVENUE; I M PO SI NG A TEM PO RARY M O RATO RI UM UPO N THE RECEI PT O F O R PRO CESSI NG O F APPLI CAT I O NS, PERM I TS O R PENDI NG APPRO VAL S PERTAI NI NG TO DEM O LI TI O N O F STRUCTURES O N TATUM WATERWAY; FO R ZO NI NG I N PRO G RESS PURPO SES, THI S O RDI NANCE SHALL BE EFFECTI VE UPO N FI RST READI NG O F T HI S O RDI NANCE, AND NO APPL I CATI O NS FO R DEM O LI TI O N WI THI N THE DESI G NATED AREA SHALL BE ACCEPTED BY THE CI TY; PRO VI DI NG FO R EXCEPTI O NS; PRO VI DI NG FO R SEVERABI L I TY; REPEAL O F CO NFL I CTI NG O RDI NANCE PRO VI SI O NS; AND PRO VI DI NG FO R AN EXPI RAT I O N DATE. 5:01 p.m. Second Reading Public Hearing Planning Department First Reading PH on June 7, 2017 - R5 A Commissioner Ricky Arriola R5 B NO RTH BEACH NATI O NAL REG I STER CO NSERVATI O N DI STRI CTS DEM O LI T I O N M O RATO RI UM : AN O RDI NANCE O F THE M AY O R AND CI TY CO M M I SSI O N O F THE CI TY O F M I AM I BEACH, FLO RI DA, PERTAI NI NG TO EXTENDI NG THE M O RATO RI UM THRO UG H Page 3 of 230 O CTO BER 31, 2017 FO R THE FO L LO WI NG AREAS/PRO PERTI ES: PRO PERTI ES LO CATED BETW EEN TATUM WATERWAY DRI VE/BY RO N AVENUE O N THE W EST AND THE EASTERN LO T LI NES O F L O TS F RO NTI NG ABBO TT AVENUE O N THE EAST BETW EEN 77TH STREET O N THE SO UTH AND 86TH STREET O N THE NO RTH; THE PRO PERTI ES LO CAT ED BETWEEN THE TATUM WATERWAY O N THE W EST AND THE EASTERN LO T LI NES O F LO TS FRO NTI NG ABBO TT AVENUE O N THE EAST BETWEEN 75TH STREET O N THE SO UTH AND 77TH STREET O N THE NO RTH; THE PRO PERTI ES LO CATED AT 8519, 8525, AND 8527 CRESPI BO ULEVARD; THE PRO PERTI ES FRO NTI NG NO RM ANDY DRI VE FRO M RUE NO TRE DAM E O N THE WEST TO BAY DRI VE O N THE EAST; THE PRO PERTI ES FRO NTI NG 71ST STREET FRO M RUE NO TRE DAM E O N THE W EST TO BAY DRI VE O N THE EAST; T HE PRO PERTI ES FRO NT I NG THE EAST SI DE O F RUE VERSAI LLES FRO M 71ST STREET TO BI ARRI TZ DRI VE; THE PRO PERTI ES FRO NTI NG BI ARRI TZ DRI VE FRO M RUE VERSAI L L ES O N THE WEST TO RUE VENDO M E O N THE EAST; THE PRO PERT I ES FRO NTI NG RUE VENDO M E FRO M 71ST STREET O N T HE NO RTH TO BREST ESPLANADE O N THE SO UT H; THE PRO PERTI ES FRO NTI NG BREST ESPLANADE; THE PRO PERTI ES FRO NTI NG THE W EST SI DE O F BAY DRI VE FRO M BREST ESPLANADE O N THE SO UT H TO 71ST STREET O N THE NO RTH; THE PRO PERTI ES FRO NTI NG THE EAST SI DE O F BAY DRI VE FRO M 71ST STREET O N THE SO UTH TO THE NO RM ANDY WATERWAY O N THE NO RTH; I M PO SI NG A TEM PO RARY M O RATO RI UM UPO N THE RECEI PT O F O R PRO CESSI NG O F APPLI CATI O NS, PERM I T S O R PENDI NG APPRO VAL S PERTAI NI NG TO DEM O L I TI O N O F STRUCTURES O N TATUM WATERWAY; PRO VI DI NG FO R AN EFFECTI VE DATE RETRO ACTI VE TO FI RST READI NG, FEBRUARY 8, 2017; FO R ZO NI NG I N PRO G RESS PURPO SES, THI S O RDI NANCE SHAL L BE EF F ECTI VE UPO N FI RST READI NG O F THI S O RDI NANCE, AND NO APPLI CATI O NS FO R DEM O LI T I O N W I THI N THE DESI G NATED AREA SHALL BE ACCEPTED BY THE CI TY; PRO VI DI NG FO R EXCEPTI O NS; PRO VI DI NG FO R SEVERABI L I TY; R E P E A L O F CO NFL I CT I NG O RDI NANCE PRO VI SI O NS; AND PRO VI DI NG FO R AN EXPI RATI O N DATE. 5:02 p.m. Second Reading Public Hearing Planning First Reading PH on June 7, 2017 - R5 B Commissioner Ricky Arriola R5 C ART DECO/M I M O CO M M ERCI AL CHARACTER AND FO RM ULA CO M M ERCI AL O VERL AY DI STRI CT: AN O RDI NANCE O F THE M AY O R AND CI TY CO M M I SSI O N O F THE CI TY O F M I AM I BEACH, FL O RI DA, AM ENDI NG CHAPTER 114 O F THE CI TY CO DE, ENTI TLED “G ENERAL PRO VI SI O NS,” TO PRO VI DE FO R DEFI NI TI O NS FO R “CHECK CASHI NG STO RE,” “CO NVENI ENCE STO RE,” “FO RM ULA RESTAURANT,” “FO RM ULA CO M M ERCI AL ESTABL I SHM ENTS,” “M ARI J UANA DI SPENSARY,” “CANNABI S DI SPENSARY,” “O CCULT SCI ENCE ESTABLI SHM ENT,” “PHARM ACY,” “SO UVENI R AND T-SHI RT SHO P,” “TATTO O STUDI O,” “M ASSAG E THERAPY CENTER,” AND RELATED DEFI NI T I O NS; AM ENDI NG CHAPTER 142 O F THE CI TY CO DE, ENTI TLED “ZO NI NG DI STRI CTS AND REG ULATI O NS,” AT ARTI CLE I I I , ENTI TL ED "O VERLAY DI STRI CTS," TO ESTABLI SH DI VI SI O N 12, ENTI TLED “ART DECO / M I M O CO M M ERCI AL CHARACTER O VERL AY DI STRI CT,” TO PRO VI DE ADDI TI O NAL REG ULATI O NS FO R THE AFO REM ENTI O NED USES, I NCLUDI NG DI STANCE SEPARAT I O N REQ UI REM ENTS, L I M I TATI O NS O N NUM BER O F ESTABLI SHM ENTS, AND PRO HI BI TI O NS UNDER CERTAI N CI RCUM STANCES; PRO VI DI NG FO R REPEAL ER; SEVERABI LI TY; CO DI FI CATI O N; AND AN EFFECTI VE DATE. 5:03 p.m. Second Reading Public Hearing Planning First Reading PH on June 7, 2017 - R5 J Commissioner Ricky Arriola R5 D W O RKFO RCE AND AFFO RDABLE HO USI NG - CO M PREHENSI VE PLAN AM ENDM ENTS: AN O RDI NANCE AM ENDI NG THE CI TY O F M I AM I BEACH Y EAR 2025 CO M PREHENSI VE PLAN, BY AM ENDI NG CHAPTER 1, ENT I TLED "FUTURE LAND USE Page 4 of 230 ELEM ENT;" "O BJ ECTI VE 1: L AND DEVELO PM ENT REG ULATI O NS," TO AL L O W FO R I NCREASED DENSI TY W I THI N CERTAI N FUT URE L AND USE CATEG O RI ES FO R THE LI M I T ED PURPO SES O F PRO VI DI NG AFFO RDABL E HO USI NG AND WO RKFO RCE HO USI NG PURPO SES AND TO AL LO W FO R RESI DENTI AL USES I N THE "PARKI NG (P)" FUTURE LAND USE CATEG O RY; AM ENDI NG CHAPTER 3, ENTI TLED "HO USI NG ELEM ENT," TO PRO VI DE I NCENTI VES FO R DEVELO PI NG WO RKFO RCE AND AFFO RDABLE HO USI NG; CL ARI F Y PO LI CI ES RELATED TO W O RKFO RCE AND AFFO RDABLE HO USI NG ; AM ENDI NG CHAPTER 6, ENTI TL ED "CO NSERVATI O N/ CO ASTAL ZO NE M ANAG EM ENT ELEM ENT," TO ALLO W FO R DENSI TY I NCREASES I N O RDER TO I NCENTI VI ZE WO RKFO RCE AND AFFO RDABLE HO USI NG PRO J ECTS/CO NSTRUCT I O N; PRO VI DI NG FO R I NCLUSI O N I N THE CO M PREHENSI VE PLAN; TRANSM I TTAL; REPEALER; SEVERABI LI TY; AND AN EFFECTI VE DATE. 5:04 p.m. First Reading Public Hearing Planning Continued from June 7, 2017 - R5 M Commissioner John Elizabeth Aleman R5 E AFFO RDABLE HO USI NG UNI T SI ZE AND PARKI NG REQ UI REM ENTS: AN O RDI NANCE O F THE M AY O R AND CI TY CO M M I SSI O N O F THE CI TY O F M I AM I BEACH, FL O RI DA, AM ENDI NG THE CI TY ’S LAND DEVEL O PM ENT REG ULATI O NS; BY AM ENDI NG CHAPT ER 58, “HO USI NG ,” BY ESTABLI SHI NG ARTI CLE V, “HO USI NG FO R LO W AND/O R M O DERATE I NCO M E ELDERLY PERSO NS”; PRO VI DI NG CO DI FI CATI O N; BY AM ENDI NG CHAPTER 114, “G ENERAL PRO VI SI O NS,” AT SECTI O N 114-1, “DEFI NI TI O NS,” TO ESTABLI SH BY REFERENCE TO CHAPTER 58, “HO USI NG” DEFI NI T I O NS FO R NO N-ELDERLY AND ELDERLY LO W AND M O DERATE I NCO M E HO USI NG ; BY AM ENDI NG CHAPTER 130, “O FF-STREET PARKI NG ,” AT SECTI O N 130- 32, “O FF-ST REET PARKI NG REQ UI REM ENTS FO R PARKI NG DI STRI CT NO . 1,” AND SECTI O N 130-33, “O FF-STREET PARKI NG REQ UI REM ENTS FO R PARKI NG DI ST RI CTS NO S. 2, 3, 4, 5, 6, AND 7.” BY AM ENDI NG THE PARKI NG REQ UI REM ENT S FO R L O W AND/O R M O DERATE I NCO M E NO N-EL DERLY AND ELDERLY PERSO NS; BY AM ENDI NG CHAPT ER 142, “ZO NI NG DI STRI CTS AND REG UL ATI O NS,” ARTI CL E I I , “DI STRI CT REG UL ATI O NS,” DI VI SI O N 3, “RESI DENTI AL M ULTI FAM I LY DI ST RI CTS,” SUBDI VI SI O N I I , “RM-1 RESI DENTI AL M ULTI FAM I LY LO W I NTENSI TY,” SUBDI VI SI O N I V, “RM-2 RESI DENTI AL M ULTI FAM I LY, M EDI UM I NTENSI TY,” SUBDI VI SI O N V. “RM-3 RESI DENTI AL M ULTI FAM I LY, HI G H I NT ENSI TY,” DI VI SI O N 4. “CD-1 CO M M ERCI AL, LO W I NTENSI TY DI STRI CT,” DI VI SI O N 5. “CD-2 CO M M ERCI AL, M EDI UM I NTENSI TY DI STRI CT,” DI VI SI O N 6. “CD-3 CO M M ERCI AL, HI G H I NTENSI TY DI STRI CT,” DI VI SI O N 13, “M XE M I XED USE ENTERTAI NM ENT DI STRI CT,” DI VI SI O N 18, “PS PERFO RM ANCE STANDARD DI STRI CT,” DI VI SI O N 20, “TC NO RTH BEACH TO W N CENTER DI STRI CTS,” BY STRI KI NG ALL REFERENCE TO SECTI O N 142-1183 ENTI TLED "UNI T SI ZE" AND CREATI NG NEW M I NI M UM AND AVERAG E APARTM ENT UNI T SI ZES FO R NO N- ELDERLY AND EL DERLY L O W AND M O DERATE I NCO M E HO USI NG; BY AM ENDI NG ARTI CLE I V, “SUPPL EM ENTARY DI STRI CT REG ULATI O NS,” BY AM ENDI NG DI VI SI O N 6, “HO USI NG FO R LO W AND/O R M O DERAT E I NCO M E EL DERLY PERSO NS,” BY STRI KI NG THI S DI VI SI O N; PRO VI DI NG CO DI FI CATI O N; REPEALER; SEVERABI LI TY; AND AN EFFECTI VE DATE. 5:05 p.m. First Reading Public Hearing Planning Continued from June 7, 2017 - R5 N Commissioner John Elizabeth Aleman R5 F W O RKFO RCE HO USI NG PARKI NG AND UNI T SI ZE REQ UI REM ENT S: AN O RDI NANCE O F THE M AY O R AND CI TY CO M M I SSI O N O F THE CI TY O F M I AM I BEACH, FLO RI DA, AM ENDI NG SUBPART A – G ENERAL O RDI NANCES, O F THE CI TY CO DE, BY AM ENDI NG CHAPTER 58 “HO USI NG ”, BY CREATI NG ARTI CLE VI , ENTI TLED “WO RKFO RCE HO USI NG ;” SECTI O NS 58-500 THRO UG H 58-510; PRO VI DI NG FO R DEFI NI T I O NS AND I NCENTI VES TO PRO VI DE WO RKFO RCE HO USI NG ; EL I G I BI L I TY FO R TENANCY, ENFO RCEM ENT, AND PENALTI ES; BY AM ENDI NG CHAPTER 130, “O FF-STREET PARKI NG ,” AT SECTI O N 130-32, “O FF-STREET PARKI NG Page 5 of 230 REQ UI REM ENTS FO R PARKI NG DI STRI CT NO. 1,” AND SECTI O N 130-33, “O FF- STREET PARKI NG REQ UI REM ENTS FO R PARKI NG DI STRI CT S NO S. 2, 3, 4, 5, 6, AND 7.” BY ESTABLI SHI NG PARKI NG REQ UI REM ENTS FO R W O RKFO RCE HO USI NG UNI TS; BY AM ENDI NG CHAPT ER 142, “ZO NI NG DI STRI CTS AND REG ULATI O NS,” ARTI CLE I I , “DI STRI CT REG ULATI O NS,” DI VI SI O N 3, “RESI DENTI AL M ULTI FAM I LY DI STRI CTS,” SUBDI VI SI O N I I , “RM-1 RESI DENTI AL M ULTI FAM I LY L O W I NTENSI TY,” SUBDI VI SI O N I V, “RM-2 RESI DENTI AL M ULT I FAM I LY, M EDI UM I NTENSI TY,” SUBDI VI SI O N V. “RM -3 RESI DENTI AL M ULTI FAM I LY, HI G H I NTENSI TY,” DI VI SI O N 4. “CD-1 CO M M ERCI AL, LO W I NTENSI TY DI STRI CT,” DI VI SI O N 5. “CD-2 CO M M ERCI AL, M EDI UM I NTENSI TY DI STRI CT,” DI VI SI O N 6. “CD-3 CO M M ERCI AL, HI G H I NTENSI TY DI STRI CT,” DI VI SI O N 13, “M XE M I XED USE ENTERTAI NM ENT DI STRI CT,” DI VI SI O N 18, “PS PERFO RM ANCE STANDARD DI STRI CT,” DI VI SI O N 20, “TC NO RTH BEACH TO WN CENTER DI STRI CTS,” BY CREATI NG NEW M I NI M UM AND AVERAG E APARTM ENT UNI T SI ZES FO R WO RKFO RCE HO USI NG UNI TS; PRO VI DI NG CO DI FI CATI O N; REPEAL ER; SEVERABI LI TY; AND AN EFFECTI VE DATE. 5:06 p.m. First Reading Public Hearing Planning Continued from 6/7/2017 - R5 O Commissioner John Elizabeth Aleman R5 G AN O RDI NANCE O F THE M AY O R AND CI TY CO M M I SSI O N O F THE CI TY O F M I AM I BEACH, FL O RI DA, EXTENDI NG THE TEM PO RARY M O RATO RI UM UNDER O RDI NANCE 2017-4073, THRO UG H DECEM BER 31, 2017, O N THE ACCEPTANCE, REVI EW, APPRO VAL, O R I SSUANCE O F ANY L AND DEVEL O PM ENT PERM I TS (AS THE TERM I S DEFI NED I N SECT I O N 163.3164(16), FL O RI DA STATUTES), BUSI NESS TAX RECEI PTS, O R ANY O THER L I CENSE O R PERM I T FO R THE ESTABLI SHM ENT O R O PERATI O N O F ADULT CO NG REG ATE LI VI NG FACI LI TI ES, ASSI STED LI VI NG FACI L I TI ES, CRI SI S STABI L I ZATI O N UNI T S, RESI DENTI AL DETO XI FI CATI O N CENTERS, CO M M UNI TY RESI DENTI AL HO M ES, AND RESI DENTI AL M EDI CAL REHABI L I TATI O N CENTERS, AND ANY SI M I LAR O R DERI VATI VE USES ASSO CI ATED WI TH SUCH USES, WI THI N THE CI TY, I N O RDER TO PRO VI DE THE CI TY WI TH AN O PPO RTUNI TY TO REVI EW AND ENACT DEFI NI TI O NS AND REG ULATI O NS G O VERNI NG SAI D USES; PRO VI DI NG PENALTI ES FO R ANY VI O LATI O N HEREO F; PRO VI DI NG FO R SEVERABI LI TY; REPEAL ER O F CO NFLI CTI NG O RDI NANCE PRO VI SI O NS; AND PRO VI DI NG FO R A CO NTI NUED EFFECTI VE DATE O F FEBRUARY 8, 2017 AND EXTENDI NG THE M O RATO RI UM THRO UG H DECEM BER 31, 2017; FO R ZO NI NG I N PRO G RESS PURPO SES, THI S O RDI NANCE SHAL L BE EFFECTI VE UPO N FI RST READI NG O F THI S O RDI NANCE. 5:07 p.m. First Reading Public Hearing Planning/O ffice of the City Attorney Commissioner John Elizabeth Aleman R5 H AN O RDI NANCE O F THE M AY O R AND CI TY CO M M I SSI O N O F THE CI TY O F M I AM I BEACH, FL O RI DA, AM ENDI NG CHAPTER 142 O F THE CO DE O F THE CI TY O F M I AM I BEACH, ENTI TLED “ZO NI NG DI STRI CTS AND REG UL ATI O NS,” ARTI CLE I I , “DI STRI CT REG UL ATI O NS,” DI VI SI O N 18, “PS PERFO RM ANCE STANDARD DI STRI CT,” SECT I O N 142-693, “PERM I TTED USES,” TO CLARI FY THAT ENTERTAI NM ENT I S NO T PERM I TTED I N THE CI TY ’S PERFO RM ANCE STANDARD DI STRI CTS; AND PRO VI DI NG FO R REPEAL ER, SEVERABI LI TY, CO DI FI CATI O N, AND AN EFFECTI VE DATE. (IT EM TO BE SUBMIT T ED IN SUPPLEMENTAL) 5:08 p.m. First Reading Public Hearing Planning/O ffice of the City Attorney Commissioner M ichael Grieco R5 I AN O RDI NANCE O F THE M AY O R AND CI TY CO M M I SSI O N O F THE CI TY O F M I AM I BEACH, FLO RI DA, AM ENDI NG M I AM I BEACH CI TY CO DE CHAPTER 2, ARTI CLE VI I , DI VI SI O N 5 ENTI TL ED "CAM PAI G N FI NANCE REFO RM ," BY ADDI NG THERETO SECTI O N 2-491 ENTI TLED "PRO HI BI TED LO BBY I NG BY CAM PAI G N CO NSULTANTS," PRO HI BI TI NG CAM PAI G N CO NSULTANTS AND CERTAI N AFFI LI ATED PERSO NS O R Page 6 of 230 ENTI TI ES FRO M L O BBY I NG CI TY CO M M I SSI O N FO R 12 M O NTHS SUBSEQ UENT TO SW EARI NG I N O F SUBJECT ELECTED O FFI CI AL(S), ESTABLI SHI NG DEFI NI TI O NS, AND L I M I TED EXEM PTI O N; PRO VI DI NG FO R REPEALER, SEVERABI L I TY, CO DI FI CATI O N, AND AN EFFECTI VE DATE. 5:09 p.m. Second Reading Public Hearing O ffice of the City Attorney First Reading on 6/7/2017 - R5 AJ Commissioner Joy Malakoff & Co-sponsored by Vice-Mayor Rosen G onzalez R5 J AN O RDI NANCE O F THE M AY O R AND CI TY CO M M I SSI O N O F THE CI TY O F M I AM I BEACH, FLO RI DA, AM ENDI NG M I AM I BEACH CI TY CO DE CHAPTER 2, ARTI CLE VI I , DI VI SI O N 3 ENTI TLED “L O BBY I STS,” SECTI O N 2-482 THEREO F ENTI TLED “REG I STRATI O N; DI SCL O SURES”, BY CO NFO RM I NG THI S CO DE SECTI O N’S LO BBY I ST REG I STRATI O N REQ UI REM ENT TO THE PRO SCRI PTI O N SET FO RTH I N CO DE SECTI O N 2-491 PRO HI BI TI NG CAM PAI G N CO NSULTANTS AND CERTAI N AFFI L I ATED PERSO NS O R ENTI T I ES FRO M LO BBY I NG CI TY CO M M I SSI O N FO R 12 M O NTHS SUBSEQ UENT TO SWEARI NG I N O F SUBJ ECT ELECTED O F F I CI AL(S); PRO VI DI NG FO R REPEALER, SEVERABI L I TY, CO DI FI CATI O N, AND AN EFFECTI VE DATE. First Reading O ffice of the City Attorney Commissioner Joy Malakoff R5 K AN O RDI NANCE O F THE M AY O R AND CI TY CO M M I SSI O N O F THE CI TY O F M I AM I BEACH, FL O RI DA, PERTAI NI NG TO ESTABLI SHI NG A TEM PO RARY M O RATO RI UM FO R SI X M O NTHS FRO M THE EFFECTI VE DATE O F THI S O RDI NANCE O N THE ACCEPTANCE, REVI EW, APPRO VAL O R I SSUANCE O F ANY LAND DEVELO PM ENT PERM I TS AS THE TERM I S DEFI NED I N FLO RI DA STATUTES SECTI O N 163.3164(16), BUSI NESS TAX RECEI PT S O R ANY O THER LI CENSE O R PERM I T FO R THE ESTABLI SHM ENT O R O PERAT I O N O F DI SPENSI NG FACI LI T I ES WI THI N THE CI TY ENG AG ED I N T HE O N-SI TE DI STRI BUTI O N, SALE, DEL I VERY O R RETAI L O F LO W- THC CANNABI S, M EDI CAL CANNABI S O R CANNABI S DELI VERY DEVI CES PURSUANT TO SECTI O NS 381.986 AND 499.0295 O F THE FLO RI DA STATUTES, I N O RDER TO PRO VI DE THE CI TY WI TH AN O PPO RTUNI TY TO REVI EW AND ENACT REG ULATI O NS G O VERNI NG THE ESTABLI SHM ENT AND O PERATI O N O F DI SPENSI NG FACI L I TI ES; PRO VI DI NG PENALTI ES FO R VI O L ATI O N HEREO F; PRO VI DI NG FO R SEVERABI LI TY; R E P E A L O F CO NFL I CTI NG O RDI NANCE PRO VI SI O NS; AND PRO VI DI NG FO R AN EFFECTI VE DATE RETRO ACTI VE TO JUNE 28, 2017; FO R Z O NI NG I N PRO G RESS PURPO SES, THI S O RDI NANCE SHAL L BE EFFECTI VE UPO N FI RST READI NG O F THI S O RDI NANCE. 5:10 p.m. First Reading Public Hearing O ffice of the City Attorney Commissioners John Elizabeth Aleman & Joy Malakoff R7 - Resolutions R7 A A RESO LUTI O N O F THE M AY O R AND CI TY CO M M I SSI O N O F THE CI TY O F M I AM I BEACH, FLO RI DA, I N ACCO RDANCE W I TH SECTI O N 18-3.1 O F THE M I AM I -DADE CO UNTY CO DE, REQ UESTI NG THE M I AM I -DADE CO UNTY BO ARD O F CO UNTY CO M M I SSI O NERS TO TRANSFER CO NTRO L O F THE BI SCAY NE PO I NT SECURI TY G UARD SPECI AL TAXI NG DI STRI CT FRO M THE CO UNTY TO THE CI TY, AND TO DESI G NATE THE M AY O R AND CI TY CO M M I SSI O N AS THE G O VERNI NG BO DY O F THE SPECI AL TAXI NG DI ST RI CT, SUBJECT TO A M AJ O RI TY VO TE O F THE Q UALI FI ED ELECTO RS RESI DI NG I N THE SPECI AL TAXI NG DI STRI CT. O ffice of the City Attorney Commissioner M ichael Grieco Page 7 of 230 R9 - New Business and Commission Requests R9 A DI SCUSSI O N REG ARDI NG WHETHER TO CO NT I NUE THE AI R & SEA SHO W FO R THE 2018 M EM O RI AL DAY W EEKEND (M AY 26, 2018 THRO UG H M AY 27, 2018), AND I F SO, W HETHER THE CI TY CO M M I SSI O N SHO UL D AUTHO RI ZE THE ADM I NI STRATI O N TO RENEG O TI ATE AND CL ARI FY TERM S (SUCH AS THO SE RELATI NG TO CI TY ’S FI NANCI AL CO NTRI BUTI O N FO R CERTAI N EVENT-REL AT ED EXPENSES). Tourism, Culture and Economic Development R9 B DI SCUSS APPRO VAL O F AM I CUS BRI EF O N BEHAL F O F CI TI ES ADVO CATI NG FO R TRANSG ENDER I NCLUSI VE HEALTHCARE FO R VETERANS O F THE U.S. ARM ED FO RCES. O ffice of the City Attorney Commissioner Micky Steinberg Notices 1.ADVERTI SEM ENTS FO R THE J UNE 28, 2017 CO M M I SSI O N M EET I NG . Page 8 of 230 C ommission C ommittee Assignments - C 4 A CO MMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:J immy L. Morales, City Manager D ATE:J une 28, 2017 S UB J E C T:R EFE RRAL TO P LANNING BOARD - PRO PO SE D O R D INANCE P ERTAINING TO AC LF AND ME D ICAL U SE S. R E C O MME N D ATIO N Refer the proposed Ordinance A mendment to the P lanning B oard for consideration and recommendation. AN ALYS IS H IS TORY On F ebruary 8, 2017, at the request of C ommi ssi oner J ohn E lizabeth A leman, the C i ty C ommission referred the item to the L and Use and D evelopment C ommittee (Item C 4K ). On F ebruary 15, 2017, the L and Use and D evelopment C ommittee discussed the item and continued it to March 8, 2017. On March 8, 2017, the L and Use and D evelopment C ommittee discussed the item and continued it to the A pril 19, 2017 meeting. On A pril 26, 2017, the C ity C ommission referred the item to the Health A dvisory C ommittee for discussion and recommendation (Item C 4E ). On May 15, 2017, the Health A dvisory C ommittee discussed the item and recommended that it have a workshop to review the proposal in further detail prior to maki ng a recommendation. The H A C has scheduled a follow up workshop meeti ng for J une 19, 2017. On A pril 19, 2017 the L and Use C ommittee discussed the item and conti nued it to May 17, 2017. On May 17, 2017 and update was provided to the L and Use C ommi ttee and the item was continued to the J une 14, 2017 meeting. On J une 14, 2017, the L and Use C ommi ttee recommended that the C ity C ommission refer the draft Ordinance to the P lanning B oard. The C ommittee also continued discussion on the item to the J uly 5, 2017 L and Use C ommittee meeting. B AC K GR OU N D The C ity C ommission has approved a temporary moratori um on the issuance of any land development permits, business tax receipts or any other license or permit for the establishment or operation of adult congregate livi ng facilities (A C L F ). In addition to A C L F ’s, the proposed moratorium would apply to assisted living facilities, crisis stabilization uni ts, residential detoxification centers, community residential homes, and residential medical rehabilitation centers, and any similar or derivative uses associated with such uses. C urrently, the C ity C ode is in need of updating defi nitions and regulations for crisis stabili zation units, residential detoxification centers, community residential homes, and residential medical rehabi litati on centers. A dditionally, the term adult congregate living facility (A C L F ) has become obsolete and, as currently defined in the C ity C ode, needs to be updated to conform to state law. In addition to replaci ng the obsolete term ‘A C L F ’ wi th “assisted living facili ty,” the C ity C ode needs to be revised to include proper li censure requirements and to comply with state law Page 9 of 230 requirements. P L AN N IN G AN ALYS IS Initial research on state statutes and various municipal codes related to medical uses has been done. The C i ty of P ompano B each has been found to have very detai led requirements for such uses in their land development regulations. S taff has undertaken a review of medi cal uses within the C ity. The review is utilizing business tax receipt (B TR) information, along with i nformation from various S tate agencies that are responsible for the regulati on of medical uses. The C i ty currently has 25 B TR classifications for medical uses. S ome medical uses have been identified where it may be beneficial to establish new classifications in order to better account for the variety of medical uses and impacts. It is the intent of the ordinance to utilize terms that are consi stent with the licenses issued by S tate agencies, includi ng the F lorida A gency for Healthcare A dministration (A HC A ), F lorida D epartment of Health, and the F lorida D epartment of C hi ldren and F amilies. This will ensure transparency for the zoning requirements for medical uses. A suitability analysis is also currently bei ng undertaken for various medi cal uses. F or the purposes of this analysis, medical uses have been categori zed by the intensity of their impact and whether or not they allow for overnight stays or permanent residence. C lasses one (1) to four (4) would not allow for overnight stays, while classes five (5) to ten (10) would allow for overnight stays or permanent residence. Generally, all of the uses within a particular class would have a similar impact on the surrounding areas. The classes are generally as follows: C lasses one (1) to four (4) would N OT allow for overnight stays: Class 1 – Medical uses that have an impact simi lar to, and often incorporate retail uses. These may include Optician, P harmacy, Massage C linic, and Massage Therapist. These uses are often seen as a small accessory use to large-scale resi denti al and hotel uses as well. B ased on an initial sui tability analysis they could be appropriate in up to 20 of the C ity’s zoni ng districts. Class 2 – Medical uses that have an impact similar to offices. These uses are typically located within office or retail buildings, and typi cally schedule appointments with patients duri ng standard working hours. These may include Medi cal Office, D entist Office, D i etician, D octor’s office, Homeopathic P hysician’s Offi ce, Optometrist, P athologist, P hlebotomist, P hysiotherapist, P odi atri st, P sychiatrist, S ociologist, S ocial Worker, Therapist, A dult D ay C are, C hiropractor ’s office. These uses typically do not generate high amounts of medical waste. B ased on an i ni ti al suitability analysis they could be appropriate in up to 14 of the C ity’s zoni ng districts. Class 3 – Medi cal uses which provide medical care throughout extended worki ng hours, along with diagnostic and laboratory servi ces. These may involve the generation of hi gh levels of medical waste, and generate higher levels of traffic. These may include a Medical L ab, D ental L ab, D iagnostics C enter, and Urgent C are C enters. B ased on an initial suitability analysis they could be appropriate i n up to ten (10) of the C ity’s zoni ng districts. Class 4 – Medical uses which typi cally dispense pharmaceuticals as part of their treatment plan. These may involve frequent visits from patients who may require services from the facility on a daily basis. These may include L imi ted Mental Health Treatment F acility, L imited S ubstance A buse Treatment F acility, and P ain Management C linics. B ased on an initial sui tability analysis they could be appropriate in up to seven (7) of the C ity’s zoning districts. C lasses five (5) to ten (10) would allow for overni ght stays or permanent resi dence: Page 10 of 230 Class 5 – A category in which assistance is gi ven to permanent resi dents wi th assi stance in dai ly personal activities includi ng but not li mited to, bathing, dressing, eating, grooming, and dispensi ng of medicine. S uch a facility will typically have si x (6) or fewer residents. Thi s includes C ommunity Residential Homes. B ased on an initial sui tabi lity analysis they could be appropriate in up to 25 of the C ity’s zoni ng districts. Class 6 – A category in which assistance is gi ven to permanent resi dents wi th assi stance in dai ly personal activities includi ng but not li mited to, bathing, dressing, eating, grooming, and dispensi ng of medicine. S uch a facility will typically have 16 or fewer residents. This includes smaller A ssi sted L iving F acilities (A L F ’s). B ased on an i ni tial suitability analysis they could be appropriate in up to 23 of the C ity’s zoning districts. Class 7 – A category in which assistance is gi ven to permanent resi dents wi th assi stance in dai ly personal activities includi ng but not li mited to, bathing, dressing, eating, grooming, and dispensi ng of medicine. S uch a facility will typically have more than 16 residents. Thi s includes larger A L F ’s and nursing home faci lity. B ased on an initial suitability analysis they could be appropriate in up to 18 of the C i ty’s zoning districts. Class 8 – A medical uses that provide 24-hour medical supervisi on and may implement medicati on management and other medical care for its patients. However, the patients who do not necessarily pose a physical danger to themselves or others. They are typically of an i nstitutional nature, though they may contain amenities to improve the quality of life of pati ents. This may include Residential Treatment F acility. B ased on an initial sui tabi lity analysis they could be appropriate in up to four (4) zoning distri cts. Class 9 – A medical uses that provide 24-hour medical supervisi on and may implement medicati on management for i ts residents. However, they treat patients who may pose a physical danger to themselves or others and security is required. They are typically of an institutional nature, though they may contain ameniti es to improve the quality of life of pati ents. This may include a S pecialty Hospital, P sychiatric Treatment F aci lity, and S ubstance A buse Treatment F acilities. B ased on an initial suitability analysi s they could be appropriate in up to three (3) zoning districts. Class 10 – A medical use that treats a full range of medi cal related issues. This i s the most intense medical use. S uch a facili ty includes a Hospital. B ased on an initial suitabili ty analysis they could be appropriate in one (1) zoni ng di strict. A review of the active and applied for medical use B TR’s indicates that the C ity only has C lass 1, 2, 3, 6, 7, and 10 faciliti es. The following table indi cates the number of facilities within each class, and the zoni ng districts in whi ch they are located. A map i denti fying the locations is included at the end of this memorandum. Medical Use C lass Location by Zoning D istrict Page 11 of 230 The draft ordi nance contains initial proposals for the following: 1. The zoni ng di stricts for which the different classes of uses should be permitted. 2. W hich uses should be treated as a main permitted use or requi re C onditional Use approval from the P lanning B oard within the various zoning districts. 3. D istance separation requirements between and within certain classes of facilities so as to not create excessive impacts on any particular neighborhood. The A dministration has retai ned a medical use consultant, Innova Group, to revi ew the draft ordinance to ensure that the definitions and impacts of the uses are accurately reflected. C O N C L U S IO N Pursuant to the recommendation of the Land Use and Development Committee, the Administration recommends that the Mayor and the City Commission refer the attached draft ordinance to the Planning Board. Legislativ e Tracking Planning Sponsor Commissioner John Elizabeth Aleman AT TAC H ME N T S: Description Draft Referral Ordiance Page 12 of 230 DRAFT - ASSISTED LIVING AND MEDICAL USES MAY 4, 2017 Page 1 of 17 DRAFT ORDINANCE CHAPTER 142 ZONING DISTRICTS AND REGULATIONS ARTICLE V SPECIALIZED USE REGULATIONS DIVISION 2 ASSISTED LIVING AND MEDICAL USES Sec. 142-1252. – Definitions. Addictions Receiving Facility means a secure, acute-care, residential facility operated 24 hours- per-day, 7 days-per-week, designated by the department of children and families to serve persons found to be substance abuse impaired as described in Section 397.675, F.S. Adult Day Care Center means a facility that provides programs and services for adults who need a protective setting during the day. An adult day care center can be a freestanding program or services can be offered through a nursing home, assisted living facility, or hospital. The basic services include, but are not limited to: social activities, self-care training, nutritional meals, a place to rest, and respite care. Adult day care centers are licensed and surveyed by the State of Florida. Adult Family Care Home means a dwelling unit that provides full-time, family-type living in a private home for up to five elderly persons or adults with a disability, who are not related to the owner. The owner lives in the same house as the residents. The basic services include, but are not limited to: housing and nutritional meals; help with the activities of daily living, like bathing, dressing, eating, walking, physical transfer, giving medications or helping residents give themselves medications; supervision of residents; arrange for health care services; provide or arrange for transportation to health care services; health monitoring; and social activities. Adult family care homes are licensed and surveyed by the State of Florida. Ambulatory Surgical Center (ASC) means a facility that is not part of a hospital and provides elective surgical care where the patient is admitted to and discharged from the facility within the same working day. The patient does not stay overnight. Hospitals can have outpatient surgical units, but these units would be a part of the hospital license and would not require a separate ASC license. Ambulatory surgical centers are licensed and surveyed by the State of Florida. Assisted Living Facility (Up to 16 Beds) means a facility that provides full-time living arrangements in the least restrictive and most home-like setting for up to 16 residents. The basic services include, but are not limited to: housing and nutritional meals; help with the activities of daily living, like bathing, dressing, eating, walking, physical transfer, giving medications or helping residents give themselves medications; arrange for health care services; provide or arrange for transportation to health care services; health monitoring; respite care; and social activities. Assisted living facilities are licensed and surveyed by the State of Florida. These facilities are intended for residency of six (6) months and a day or more. Page 13 of 230 DRAFT - ASSISTED LIVING AND MEDICAL USES MAY 4, 2017 Page 2 of 17 Assisted Living Facility (Over 16 Beds) means a facility that provides full-time living arrangements in the least restrictive and most home-like setting for over 16 residents. The basic services include, but are not limited to: housing and nutritional meals; help with the activities of daily living, like bathing, dressing, eating, walking, physical transfer, giving medications or helping residents give themselves medications; arrange for health care services; provide or arrange for transportation to health care services; health monitoring; respite care; and social activities. Assisted living facilities are licensed and surveyed by the State of Florida. These facilities are intended for residency of six (6) months and a day or more. Beds means one resident or patient, as applicable. Birth Center means a facility in which births are planned to occur away from the mother's place of residence following a normal, uncomplicated, low-risk pregnancy. It is not an ambulatory surgery center, a hospital, or located within a hospital. Birth centers ar e licensed and surveyed by the State of Florida. Brain and Spinal Cord Injury. (See Transitional Living Facility.) Chiropractor's Office. (See Medical Office.) Clinical Laboratory means a laboratory that performs one or more of the following services to provide information or materials for use in the diagnosis, prevention, or treatment of a disease or the identification or assessment of a medical or physical condition. Services include examination of fluids, tissue, cells, or other materials taken from the human body. Community mental health partial hospital program means a Medicare certification program for community mental health providers that provide services for mental illness and substance abuse disorders. Unless the program meets the requirement to be a licensed health care clinic, a licensed substance abuse program, or a licensed outpatient mental health program, there is no state license requirement for partial hospitalization programs for community mental health providers. For further information see the health care clinic definition (in this document) or contact the Department of Children and Families concerning substance abuse services and outpatient mental health services. Community Residential Home (6 or fewer residents) means a dwelling unit licensed to serve residents who are clients of the Department of Elderly Affairs, the Agency for Persons with Disabilities, the Department of Juvenile Justice, or the Department of Children and Families or licensed by the Agency for Health Care Administration which provides a living environment for six (6) or fewer unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents, as defined by Section 419.001 Florida Statutes. These facilities are intended for residency of six (6) months and a day or more. Community Residential Home (7 to 14 residents) means a dwelling unit licensed to serve residents who are clients of the Department of Elderly Affairs, the Agency for Persons with Disabilities, the Department of Juvenile Justice, or the Department of Children and Families or licensed by the Agency for Health Care Administration which provides a living environment for 7 to 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents, as defined by Section 419.001 Florida Statutes. These facilities are intended for residency of six (6) months and a day or more. Page 14 of 230 DRAFT - ASSISTED LIVING AND MEDICAL USES MAY 4, 2017 Page 3 of 17 Comprehensive Outpatient Rehabilitation Facility means a non-residential facility that provides diagnostic, therapeutic, and restorative services for the rehabilitation of injured, disabled, or sick persons, by or under the supervision of a physician. Crisis Stabilization Unit means a facility where the purpose is to examine, stabilize, and redirect people to the most appropriate and least restrictive treatment settings for their psychiatric needs. Crisis stabilization units include: Crisis stabilization units (adult and children) provide brief psychiatric intervention, primarily for low-income individuals with acute psychiatric conditions. Inpatient stays average 3 to 14 days, resulting in return to the patient's own home or placement in a long-term mental health facility or other living arrangements. Intervention means activities and strategies that are used to prevent or impede the development or progression of substance abuse problems. Short-term residential treatment facilities provide a step-down service for adult residents (ages 18 and over) of crisis stabilization units needing a more extended, but less intensive level of active treatment for psychiatric conditions, usually with a stay of 90 days or less. Both of these facility types are licensed by the State of Florida. Day/Night Treatment means treatment provided on a nonresidential basis at least three (3) hours per day and at least 12 hours each week and is intended for clients who meet the placement criteria for this component. Day/Night Treatment with Community Housing means treatment that is provided on a nonresidential basis at least five (5) hours each day and at least 25 hours each week and is intended for clients who can benefit from living independently in peer community housing while undergoing treatment. Day/Night Treatment with Host Home means treatment that is provided on a nonresidential basis at least three hours per day and at least 12 hours each week and is intended for clients who meet the placement criteria for this level of care. This component also requires that each client reside with a host family as part of the treatment protocol. Dental Laboratories means Dentist’s Office (See Medical Office.) Detoxification means is a process involving sub-acute care that is provided on a residential or an outpatient basis to assist clients who meet the placement criteria for this component to withdraw from the physiological and psychological effects of substance abuse. Dietician. (See Medical Office.) Doctor's Office. means (See Medical Office.) Electrology Facility means a facility where electrologists are allowed to perform laser and light- based hair removal. Page 15 of 230 DRAFT - ASSISTED LIVING AND MEDICAL USES MAY 4, 2017 Page 4 of 17 End-Stage Renal Disease Center means is a facility programs that that offer dialysis services. When patients are diagnosed with End-Stage Renal Disease, they may receive dialysis which replaces kidney function by filtering blood to remove waste and extra fluids. The program can either be a freestanding facility or offered as an outpatient service through a hospital. Forensic Toxicology Laboratory means a laboratory that examines specimens taken from the human body to look for the presence or absence of alcohol and certain drugs or their metabolites. The results of forensic toxicology testing are not used for clinical treatment, medical diagnosis, health assessment or disease prevention. Health Care Clinic means a facility that provides health care services to individuals for a fee. Such facilities do not allow for overnight stays. Health care clinics are licensed and surveyed by the State of Florida. Health Care Clinic Exemption means businesses that have gotten an exemption to the health care clinic license requirement. However, businesses that meet the exemption criteria are not required to have an official exemption, so there may be clinics that are exempt that are not listed here. The exemption criteria are listed in section 400.9905(4), Florida Statutes. Health Care Services Pool means a health care services pool provides temporary employment of licensed, certified, or trained health care personnel to health care facilities, residential facilities, and agencies. Health care services pools are registered by the State of Florida. Home Health Agency means an agency that provides services to patients in private homes, assisted living facilities, and adult family care homes. Some of the services include nursing care; physical, occupational, respiratory, and speech therapy; home health aides; homemaker and companions; and medical equipment and supplies. Along with services in the home, an agency can also provide staffing services in nursing homes and hospitals. Home health agencies are licensed and surveyed by the State of Florida. Home Medical Equipment Provider means a service that sells or rents medical equipment and services for use in the home. Home medical equipment includes any product as defined by the Federal Drug Administration's Drugs, Devices and Cosmetics Act; any products reimbursed under the Medicare Part B Durable Medical Equipment benefits; or any products reimbursed under the Florida Medicaid durable medical equipment program. Service includes managing the equipment and teaching consumers in its use. Home medical equipment providers are licensed and surveyed by the State of Florida. Homemaker and Companion Services means a company that provides housekeeping, prepare and serve meals, help with shopping, routine household chores, companionship in the client's home, and can take the client to appointments and other outings. By law, homemakers and companions may not provide hands-on personal care, such as help with bathing, and cannot give medications. Homemaker and companion agencies are registered by the State of Florida. However, individuals who work on their own, with no other workers helping them are not required to be registered. Homeopathic Physician's Office. (See Medical Office.) Homes for Special Services means a residential facility where specialized health care services are provided, including personal and custodial care, but not full-time nursing services. Home for special services are licensed by the State of Florida. Page 16 of 230 DRAFT - ASSISTED LIVING AND MEDICAL USES MAY 4, 2017 Page 5 of 17 Home Hospice Service means services provided in a patient's residence for patients with a diagnosis of a terminal illness. They provide a coordinated program of professional services, including pain management and counseling for patients; nursing, physician, therapy, and social work services; counseling and support for family members and friends of the patient; and other support services. Hospices are licensed and surveyed by the State of Florida. Hospice Facility means a facility that provides services in a facility for patients with a diagnosis of a terminal illness. They provide a coordinated program of professional services, including pain management and counseling for patients; nursing, physician, therapy, and social work services; counseling and support for family members and friends of the patient; and other support services. Hospices are licensed and surveyed by the State of Florida. Hospital means a facility that provides range of health care services more extensive than those required for room, board, personal services, and general nursing care, and offers facilities and beds for use beyond 24 hours by individuals requiring medical, surgical, psychiatric, testing, and diagnostic services; and treatment for illness, injury, disease, pregnancy, etc. Also available are laboratory and X-ray services, and treatment facilities for surgery or obstetrical care, or special services like burn treatment centers. Hospitals are licensed and surveyed by the State of Florida. Hospitals include any medical sub-use identified within this Division. Intensive Inpatient Treatment means includes a planned regimen of evaluation, observation, medical monitoring, and clinical protocols delivered through an interdisciplinary team approach provided 24 hours-per-day, 7 days per week in a highly structured, live-in environment. Intensive Outpatient Treatment means a facility that provides services on a nonresidential basis and is intended for clients who meet the placement criteria for this component. This component provides structured services each day that may include ancillary psychiatric and medical services. Intermediate Care facility for the Developmentally Disabled means a residential facility that provides services by an interdisciplinary team to increase a client's independence and prevent loss of abilities. They are licensed and surveyed by the State of Florida. Medical Cannabis Dispensary (See Chapter 142, Division 10 and Chapter 6, Division 3) Medical Lab means a laboratory where tests are usually done on clinical specimens in order to obtain information about the health of a patient as pertaining to the diagnosis, treatment, and prevention of disease. Medical Office means a small-scale office providing medical or dental treatment. This includes chiropractor’s office, dentist’s office, dietician, doctor’s office, homeopathic physician’s office, pathologist, physiotherapist’s office, phlebotomist’s office, podiatrist’s office, optometrist’s office, ophthalmologist’s office, psychiatrist’s office. A small-scale office shall mean a maximum floor area of 5,000 square feet. This shall not include Class III to X medical sub-uses. Medication and Methadone Maintenance Treatment Facility means a facility that provides outpatient treatment on a nonresidential basis which utilizes methadone or other approved medication in combination with clinical services to treat persons who are dependent upon opioid drugs. Page 17 of 230 DRAFT - ASSISTED LIVING AND MEDICAL USES MAY 4, 2017 Page 6 of 17 Multiphasic Health Test Center means a facility that collect specimens from the human body for testing at a licensed clinical laboratory and provide certain health testing services such as height, weight and blood pressure measurements, limited audio and visual testing, X-rays or electrocardiograms. A multiphasic health testing center may serve the general public or contracted employers at either a fixed location or a mobile facility. Multiphasic health test centers are licensed and surveyed by the State of Florida. Nursing Home means a facility that provides nursing, personal, custodial, and rehabilitative care. Nursing homes, sometimes called skilled nursing facilities, are freestanding, which means they are not part of a hospital. They provide long-term care of the chronically ill, the physically disabled, and the aged who are unable to move about without the aid of another person or device. Nursing homes are licensed and surveyed by the State of Florida. Optical Establishment means the retail sale of glasses and contact lenses. Optician means a professional that provides eye exams for the purposes of the retail sale of glasses or contact lenses. Optometrist’s office. (See Medical Office.) Organ and Tissue Procurement Facility means one of three types of organ and tissue procurement organizations: Organ Procurement Organizations (OPOs), Eye Banks and Tissue Banks. OPOs must also be federally designated by the Secretary of the United States Department of Health and Human Services and are responsible for using the national United Network of Organ Sharing’s (UNOS) registry to medically and physically match organs, such as the heart, lungs, kidneys, or liver, from a patient who has died with an individual awaiting a life - saving transplant. An Eye Bank is an entity involved in the recovery, processing, storage or distribution of eye tissue that will be used for transplantation. A Tissue Bank is an entity that is involved in the recovery, processing, storage, or distribution of human tissue, such as bone, skin, or cartilage, which will be used for transplantation. Organ and tissue procurement organizations, including those located outside of Florida that provide eye and other tissue types to Florida’s transplanting physicians, are certified by the State of Florida. Outpatient Treatment means a facility that provides services on a nonresidential basis and is intended for clients who meet the placement criteria for this component. Pain Management Clinics means an establishment where allopathic or osteopathic physicians practice pain-management by prescribing controlled substances to patients with chronic-non- malignant pain. Such establishment is required to register and be inspected by the Department of Health. Pathologist’s office means a medical lab concerned with the diagnosis of disease based on the laboratory analysis of bodily fluids such as blood and urine, as well as tissues, using the tools of chemistry, clinical microbiology, hematology and molecular pathology. Pharmacy means a store where solely medicinal drugs are dispensed and sold. Medical cannabis cannot be sold from such stores. Physiotherapist’s office. (See Medical Office.) Page 18 of 230 DRAFT - ASSISTED LIVING AND MEDICAL USES MAY 4, 2017 Page 7 of 17 Phlebotomist’s office means an office where technicians or medical professionals draw blood from a patient for clinical or medical testing, transfusions, donations, or research (See Medical Office). Podiatrist’s office. (See Medical Office.) Portable X-Ray Provider means a provider that gives diagnostic x-ray tests in a patient’s own home, a nursing home, or a hospital that does not provide x-ray services for its patients directly but arranges for services with a portable x-ray provider. Some portable x-ray providers may need a health care clinic license. Prescribed Pediatric Extended Care Center means a facility that provides a basic nonresidential services to three or more medically dependent or technologically dependent children with complex medical conditions that require continual care. The comprehensive care includes medical, nursing, psychosocial, and developmental therapies. These centers are licensed and surveyed by the State of Florida. Psychiatrist’s office. (See Medical Office.) Rehabilitation Agency means a facility that provides a multidisciplinary program to help improve the physical function of disabled individuals by creating a team of specialized rehabilitation staff. The rehabilitation agency provides at least physical therapy or speech-language pathology services and social or vocational adjustment services. Rehabilitation agencies are not required to be licensed by the state if they are Medicare certified. Rehab agencies that are not certified under the Medicare program may require licensure as a health care clinic. Residential Treatment Center for Children and Adolescents means a facility with 24-hour residential programs, including therapeutic group homes that provide mental health treatment and services to children under the age of 18 who have been diagnosed as having mental, emotional, or behavioral disorders. Residential treatment centers are licensed by the State of Florida. Residential Treatment Facility (Level I) means a facility that provides long-term residential care with coordinated mental health services for adults (18 years or older) diagnosed with a serious and persistent major mental illness. A state license covers five levels of care that range from having full-time nurses on staff to independent apartments that receive only weekly staff contact. Residential treatment facilities are licensed and surveyed by the State of Florida. Level I facilities provide the highest level of care with a structured group treatment setting with 24 hours per day, 7 days per week supervision for residents who have major skill deficits in activities of daily living and independent living, and need intensive staff supervision, support and assistance. Nursing supervision is provided 24 hours per day, 7 days per week, however, nursing services are limited to medication administration, monitoring vital signs, first aid and individual assistance with ambulation, bathing, dressing, eating and grooming. The minimum staffing is 1:10 staff to resident ratio with never less than 2 staff on site at all times. Residential Treatment Facility (Level II) means a facility that provides long-term residential care with coordinated mental health services for adults (18 years or older) diagnosed with a serious and persistent major mental illness. A state license covers five levels of care that range from having full-time nurses on staff to independent apartments that receive only weekly staff contact. Residential treatment facilities are licensed and surveyed by the State of Florida. Level II facilities provide a structured group treatment setting with 24 hour per day, 7 days per week Page 19 of 230 DRAFT - ASSISTED LIVING AND MEDICAL USES MAY 4, 2017 Page 8 of 17 supervision for five or more residents who range from those who have significant deficits in independent living skills and need extensive supervision, support, and assistance, to those who have achieved a limited capacity for independent living, but who require frequent supervision, support and assistance. Level II facilities maintain a minimum of 1:15 staff to resident ratio with never less than one staff on site when residents are present during normal waking hours. During sleeping hours, a minimum of 1:22 staff to resident ratio is required. Residential Treatment Facility (Level III) means a facility that provides long-term residential care with coordinated mental health services for adults (18 years or older) diagnosed with a serious and persistent major mental illness. A state license covers five levels of care that range from having full-time nurses on staff to independent apartments that receive only weekly staff contact. Residential treatment facilities are licensed and surveyed by the State of Florida. Level III facilities consist of collocated apartment units with an apartment or office for staff who provided on-site assistance 24 hours per day, 7 days per week. The residents have a moderate capacity for independent living. Level III facilities maintain a minimum 1:20 staff to resident ratio with never less than one staff on site when residents are present during normal waking hours. During normal sleeping hours, a minimum of 1:40 staff to resident ratio is required. Residential Treatment Facility (Level IV) means a facility that provides long-term residential care with coordinated mental health services for adults (18 years or older) diagnosed with a serious and persistent major mental illness. A state license covers five levels of care that range from having full-time nurses on staff to independent apartments that receive only weekly staff contact. Residential treatment facilities are licensed and surveyed by the State of Florida. Level IV facilities provide a semi-independent, minimally structured group setting for 4 or more residents who have most of the skills required for independent living and require minimal staff support. Level IV facilities may have less than 24 hours per day, 7 days per week on site supervision; however, on-call staff must be available at all times. Staff is required to have a minimum of weekly on site contact with residents. Residential Treatment Facility (Level V) means a facility that provides long-term residential care with coordinated mental health services for adults (18 years or older) diagnosed with a serious and persistent major mental illness. A state license covers five levels of care that range from having full-time nurses on staff to independent apartments that receive only weekly staff contact. Residential treatment facilities are licensed and surveyed by the State of Florida. Level V facilities provide the least amount of care and supervision. Level V facilities provide a semi- independent, minimally structured apartment setting for 1 to 4 residents who have adequate independent living skills and require minimal staff support. Level V facilities may have less than 24 hours per day, 7 days per week on site supervision; however, on-call staff must be available at all times. Staff is required to have a minimum of weekly on site contact with residents. Skilled Nursing Unit means Skilled nursing units are based in hospitals, either housed inside the hospital or in a separate building. They typically provide only short term care and rehabilitation services. The skilled nursing unit does not have a separate license because it is part of the hospital license. See the hospital definition for further information. Social Worker (See Medical Office.) Sociologist (See Medical Office.) Therapist (See Medical Office.) Page 20 of 230 DRAFT - ASSISTED LIVING AND MEDICAL USES MAY 4, 2017 Page 9 of 17 Transitional Living Facility means a facility that provides services to persons with a spinal-cord- injury or head-injury. Specialized health care services include rehabilitative services, community reentry training, aids for independent living, counseling, and other services. This term does not include a hospital licensed under chapter 395 or any federally operated hospital or facility. A transitional living facility is licensed by the State of Florida. Urgent Care Center means a facility which holds itself out to the general public as a walk -in facility, where immediate, but not emergent, care is provided. Patients shall be served solely on an outpatient basis and such services shall not include overnight stays. Women’s Health Clinic means a facility that primarily provides obstetrics and gynecology service or other services related to women’s healthcare. This definition includes Abortion Clinics, which are licensed and surveyed by the State of Florida, but does not include a hospital or a doctor's office where abortions might be performed, but wher e this is not the primary purpose. Sec. 142-1253. – Medical use classifications. Medical uses shall be organized into classes for the purpose of determining allowable locations, process of approval, and other zoning regulations. Generally, as the potential for impacts to surrounding areas increase as the class increases. The classes and medical sub-uses within each class are as follows: (a) Class I Medical Uses. Class I Medical Uses generally have an impact similar to, and often incorporate retail uses. These uses are often seen as a small accessory use to large-scale residential and hotel uses as well. Class I medical sub-uses include the following: (1) Optician (2) Pharmacy (3) Retail Clinic (b) Class II Medical Uses. Class II Medical Uses generally have an impact similar to offices uses. These uses are typically located within office or retail buildings, and typically schedule appointments with patients during standard working hours. These uses typically do not generate high amounts of medical waste. Class II medical sub-uses include the following: (1) Adult Day Care Center (2) Electrology Facility (3) Medical Office (c) Class III Medical Uses. Class III Medical Uses generally provide medical care throughout extended working hours, along with diagnostic and laboratory services. These may involve the generation of high levels of medical waste, and generate higher levels of traffic. These uses typically do not generate high amounts of medical waste. Class III medical sub-uses include the following: Page 21 of 230 DRAFT - ASSISTED LIVING AND MEDICAL USES MAY 4, 2017 Page 10 of 17 (1) Ambulatory Surgical Center (ASC) (2) Clinical Laboratory (3) Comprehensive Outpatient Rehabilitation Facility (4) Dental Laboratory (5) End-Stage Renal Disease Center (6) Forensic Toxicology laboratory (7) Health Care Clinic (8) Intensive Outpatient Treatment Facility (9) Medical Lab (10) Multiphasic Health Test Center (11) Prescribed Pediatric Extended Care Center (12) Urgent Care Center (13) Women’s Health Clinic (14) Pathologist (15) Rehabilitation Agency (d) Class IV Medical Uses. Class IV Medical Uses generally dispense pharmaceuticals as part of their treatment plan. These may involve frequent visits from patients who may require services from the facility on a daily basis. Class IV medical sub-uses include the following: (1) Pain Management Clinic (e) Class V Medical Uses. Class V Medical Uses generally are those in which assistance is given to permanent residents with assistance in daily personal activities including but not limited to, bathing, dressing, eating, grooming, and dispensing of medicine in a residential setting. Such a facility generally may have no more than six (6) residents. Class V medical sub-uses include the following: (1) Adult Family Care Home (2) Community Residential Home (6 or fewer residents) (3) Hospice Facility (Up to 6 beds) (f) Class VI Medical Uses. Class VI Medical Uses generally are those in which assistance is given to permanent residents with assistance in daily personal activities including but not limited to, bathing, dressing, eating, grooming, and dispensing of medicine in a residential setting. Such a facility may have up to 16 residents. Class VI medical sub-uses include the following: (1) Assisted Living Facility (Up to 16 beds) (2) Community Residential Home (7 to 14 residents) (3) Hospice Facility (Up to 14 Beds) (4) Homes for Special Services (Up to (g) Class VII Medical Uses. Page 22 of 230 DRAFT - ASSISTED LIVING AND MEDICAL USES MAY 4, 2017 Page 11 of 17 Class VII Medical Uses generally provide 24-hour medical supervision and may implement medication management and other medical care for its residents. However, the patients do not pose a physical danger to themselves or others. They are typically in a residential setting; however, they may have some institutional components. Such a facility may contain amenities to improve the quality of life of patients. The facility may have more than 16 residents. Such facilities are generally intended to assist permanent residents. Class VII medical sub-uses include the following: (1) Assisted Living Facility (Over 16 beds) (2) Homes for Special Services (3) Hospice Facility (Over 14 beds) (4) Nursing Home (5) Intermediate Care facility for the Developmentally Disabled (h) Class VIII Medical Uses. Class VIII Medical Uses generally provide 24-hour medical supervision and may implement medication management for its residents or patients; however, the patients or residents do not pose a physical danger to themselves or others. They are typically of an institutional nature, though they may take place in a more residential setting. Such a facility may contain amenities to improve the quality of life of patients. Class VIII medical sub-uses include the following: (1) Birth Center (2) Intensive Inpatient Treatment Facility (3) Residential Treatment Facility (Level III) (4) Residential Treatment Facility (Level IV) (5) Residential Treatment Facility (Level V) (6) Nursing Home (7) Transitional Living Facility (i) Class IX Medical Uses. Class IX Medical Uses generally provide 24-hour medical supervision and may implement medication management for its residents or patients; however, they treat residents or patients who may pose a physical danger to themselves or others and security is required. They are typically of an institutional nature, though they may take place in a more residential setting. Such a facility may contain amenities to improve the quality of life of patients. Class IX medical sub-uses include the following: (1) Addictions Receiving Facility (2) Crisis Stabilization Unit (3) Detoxification (4) Residential Treatment Center for Children and Adolescents (5) Residential Treatment Facility (Level I) (6) Residential Treatment Facility (Level II) (7) Community mental health partial hospital program (j) Class X Medical Uses. Page 23 of 230 DRAFT - ASSISTED LIVING AND MEDICAL USES MAY 4, 2017 Page 12 of 17 A medical use that treats a full range of medical related issues. This is the most intense medical use. Class X medical sub-uses include the following: (1) Hospital (2) Trauma Systems (3) Medication and Methadone Maintenance Treatment Facility (4) Organ and Tissue Procurement Facility (k) Medical sub-uses not identified in subsections (a) through (j) above or in section 142-1254 shall be considered Class X Medical Uses. If an applicant feels that the proposed medical sub-use is of a similar nature or impact as the uses in a differing class, the applicant may provide a description of the proposed medical sub-use and expected impacts from the use to the Planning Department for a determination of equivalent impact. The Planning Department may request additional information, as necessary, in order to make a determination. The Planning Department may require a study to support the descriptions and impacts in the study to support the descriptions and impacts and that the study be peer reviewed at the expense of the applicant. The study must consider the supplemental conditional use criteria in section 142-1267, as applicable, in addition to any other information deemed necessary. Sec. 142-1254. – Exempt uses. The following medical sub-uses, which service individuals in their place of residence, shall be exempt from the regulations of this division: (a) Health Care Services Pool (b) Home Health Agency (c) Home Medical Equipment Provider (d) Homemaker and Companion Services (e) Home Hospice Service (f) Massage Therapist (g) Portable X-Ray Provider Page 24 of 230 DRAFT - ASSISTED LIVING AND MEDICAL USES MAY 4, 2017 Page 13 of 17 Sec. 142-1255. – Zoning District Regulations. The following table identifies the zoning districts in which each medical use class is allowed and if conditional use approval is required. Medical Use Zoning Regulations Zoning District Class I Class II Class III Class IV Class V Class VI Class VII Class VIII Class IX Class X RS-1,2,3,4 P TH P RM-1 P C RM-PRD P RM-2 A P C C C RM-PRD-2 A P RM-3 A P C C C C CD-1 P P P C C CD-2 P P P P C C C CD-3 P P P C P C C C C I-1 P P P C MXE P P GU P P P P P P HD P P P P P P P P P P RO P P P C C RMPS-1 P C RPS-1 P RPS-2 P RPS-3 A P RPS-4 A P C-PS1* P P P C C C-PS2 P P P P C C C-PS3 P P P C P C C C C-PS4 P P P C P C C C TC-1 P P P C P C C C TC-2 P P P P C C C TC-3* P C P C P—Main permitted use A—Permitted as an accessory use C—Conditional use Boxes with no designation signify that the use is NOT permitted Page 25 of 230 DRAFT - ASSISTED LIVING AND MEDICAL USES MAY 4, 2017 Page 14 of 17 Sec. 142-1256. – Minimum zoning standards. In addition to the regulations in the underlying zoning district and overlays (as applicable) and other regulations in this division, medical uses shall comply with the following minimum standards: (a) Standards for all medical use classes: (1) Medical uses that allow for overnight stays shall not exceed the maximum density limits, when such limits are established by the underlying future land use designation in the Miami Beach Comprehensive Plan. For the purposes of determining residential density, a medical use in single family districts containing up to six (6) residents shall be deemed one dwelling unit. In other districts, every two (2) beds shall count as one (1) dwelling unit. (2) For the determination of minimum distance separation requirements when established in subsection (b) below: A. The minimum distance separation, the requirement shall be determined by measuring a straight line between the property lines of each use. B. When a distance separation is required, a scaled survey drawn by a registered land surveyor shall be submitted attesting to the separation of the uses in question. (b) Standards for specific medical use classes: (1) Class I Medical Uses: A. Access to class I medical uses where permitted as an accessory use shall be limited to guest of a hotel or residents and their guests of a residential use. B. Overnight stays are prohibited. (2) Class II Medical Uses: A. Class II medical uses shall not operate between the hours of 10:00 p.m. and 7:00 a.m. Such hours may be modified with conditional use approval. B. Overnight stays are prohibited. (3) Class III Medical Uses: A. Class III medical uses shall not operate between the hours of 10:00 p.m. and 7:00 a.m. Such hours may be modified with conditional use approval. B. Overnight stays are prohibited. (4) Class IV Medical Uses: A. Class IV medical uses shall have a minimum distance separation of 1,500 feet from other Class IV, VIII, or IX medical use. Page 26 of 230 DRAFT - ASSISTED LIVING AND MEDICAL USES MAY 4, 2017 Page 15 of 17 B. Class IV medical shall have a minimum distance separation of 375 feet from schools or parks. C. Hotel or residential uses shall be prohibited on lots with Class IV medical uses. D. Class IV medical uses shall not operate between the hours of 9:00 p.m. and 7:00 a.m.; notwithstanding the foregoing, if such facility is located within 375 feet of a residential district, such facility shall not operate between the hours of 7:00 pm and 7:00 am. Such hours may be modified with conditional use approval. E. Overnight stays are prohibited. (5) Class V Medical Uses: A. Class V medical uses shall have a minimum distance separation of 1,500 feet from other class V medical uses. B. Class V medical uses shall be the primary place of residence for patients or residents. C. The entire building shall conform with the Florida Building Code, fire prevention and safety code, and with the city property maintenance standards. If it is a historic structure, it shall also conform with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Structures, U.S. Department of the Interior, as amended. (6) Class VI Medical Uses: A. Class VI medical uses shall have a minimum distance separation of 1,500 feet from other Class VI medical uses. B. Class VI medical uses shall be the primary place of residence for patients or residents. C. The entire building shall conform with the Florida Building Code, fire prevention and safety code, and with the city property maintenance standards. If it is a historic structure, it shall also conform with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Structures, U.S. Department of the Interior, as amended. (7) Class VII Medical Uses: A. Class VII medical uses shall have a minimum distance separation of 1,500 feet from other Class VII medical uses. B. The entire building shall conform with the Florida Building Code, fire prevention and safety code, and with the city property maintenance standards. If it is a historic structure, it shall also conform with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Structures, U.S. Department of the Interior, as amended. Page 27 of 230 DRAFT - ASSISTED LIVING AND MEDICAL USES MAY 4, 2017 Page 16 of 17 (8) Class VIII Medical Uses: A. Class VIII medical uses shall have a minimum distance separation of 1,500 feet from other Class VII or VIII medical use. B. Other hotel or residential uses shall be prohibited on lots with Class IX medical uses. C. The entire building shall conform with the Florida Building Code, fire prevention and safety code, and with the city property maintenance standards. If it is a historic structure, it shall also conform with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Structures, U.S. Department of the Interior, as amended. (9) Class IX Medical Uses: A. Class IX medical uses shall have a minimum distance separation of 1,500 feet from other Class IV, VII, VIII, or IX medical uses. Notwithstanding the foregoing, a class IX Medical Use may incorporate Class VIII medical sub-uses on the same site; however, the stricter zoning standards shall apply to the combined uses. B. Class IX medical uses shall have a minimum distance separation of 375 feet from parks or schools. C. Other hotel or residential uses shall be prohibited on sites with Class IX medical uses. D. The entire building shall conform with the Florida Building Code, fire prevention and safety code, and with the city property maintenance standards. If it is a historic structure, it shall also conform with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Structures, U.S. Department of the Interior, as amended. (10) Class X Medical Uses: A. Class IX medical uses shall comply with the requirements of the HD district. (11) Notwithstanding the foregoing, medical uses located in an HD or GU district shall be exempt from distance separation requirements identified in this section. However, said facilities shall be utilized for determining distance separation requirements for facilities in other zoning districts. (12) Notwithstanding the foregoing, medical uses located in an HD district shall be exempt from limitations on hours of operation. Sec. 142-1257. – Supplemental Conditional Use Review Criteria. In reviewing an application for conditional use for medical uses, the planning board shall apply the following supplemental review guidelines criteria in addition to the review guidelines listed in section 118-192, as applicable: Page 28 of 230 DRAFT - ASSISTED LIVING AND MEDICAL USES MAY 4, 2017 Page 17 of 17 (a) For medical uses not allowing overnight stays or residence, whether hours of operation are identified in order to limit potential impacts to surrounding properties. (b) Whether patients and residents served will pose a danger to themselves or others, and what measures are being taken to ensure their safety and the safety of others in surrounding areas. (c) Whether a security plan for the establishment and supporting parking facility has been provided that addresses the safety of the medical use, its users, and surrounding areas, and minimizes impacts on the neighborhood. (d) Whether a noise attenuation plan has been provided that addresses how noise will be controlled from emergency vehicles, in the drop off areas, loading zone, parking structures, and delivery and sanitation areas, to minimize adverse impacts to adjoining and nearby properties. (e) Whether a sanitation plan has been provided that addresses on-site facilities as well as off- premises issues resulting from the operation of the medical use. (f) Smaller scale facilities are encouraged in order to provide a non-institutional environment. (g) Where overnight stays or permanent residency is allowed, if the facility is design to minimize its institutional nature. (h) Whether the facility will serve various income groups. (i) Facilities located in newly constructed buildings are encouraged. (j) Whether a plan for the delivery of goods for the medical use has been provided, including the hours of operation for delivery trucks to come into and exit from the neighborhood and how such plan will mitigate any adverse impacts to adjoining and nearby properties, and neighborhood. (k) Whether the proximity of the proposed medical uses to residential uses creates adverse impacts and how such impacts are mitigated. (l) Whether the scale of the proposed medical use is compatible with the urban character of the surrounding area and create adverse impacts on the surrounding area, and how the adverse impacts are proposed to be addressed. Page 29 of 230 C ommission C ommittee Assignments - C 4 B COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:C ommissioner J ohn Elizabeth Aleman D ATE:J une 28, 2017 S UB J E C T:R EFE RRAL T O T HE L AND US E AN D D EVE LOPMENT CO M MIT T E E AN D D IRE CT ION T O P LANNING STAF F ON ANALYS IS RE LAT ING T O PHARMACIES AN D ME DICAL CANNAB IS DISP ENSARIES. AN ALYS IS See attached. Legislativ e Tracking Office of the City Attorney Sponsor Commissioner John Elizabeth Aleman AT TAC H ME N T S: Description Memo - Referral to L UD C and direction to Planning staff on analysis relating to pharmac ies and medical c annabis dispensaries Page 30 of 230 City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of the City Commission Jimmy L. Morales, City Manager FROM: Commissioner John Elizabeth Aleman DATE: June 28, 2017 SUBJECT: Referral to LUDC and direction to Planning staff on analysis relating to pharmacies and medical cannabis dispensaries I would like to refer a discussion to the Land Use and Development Committee relating to medical cannabis dispensaries or “medical marijuana treatment centers.” On June 9, 2017, the Florida Legislature, during a special session, in less than 48 hours time – introduced, modified, and passed, in both houses, a new cannabis bill (SB 8-A, 3rd Engrossed). It provides in relevant part: that the regulation of medical marijuana is preempted to the state, except as to the following: (1) the “medical marijuana treatment center (medical cannabis dispensary) cannot be within 500 feet of a public or private school; (2) that a city [or county] may ban medical marijuana treatment centers entirely; or (3), if a city does not ban medical marijuana treatment centers, the city “may not place specific limits, by ordinance, on the number of dispensing facilities that may locate within [that city].” “The city may determine by ordinance the criteria for the location of, and other permitting requirements that do not conflict with state law or department rule for, medical marijuana treatment center dispensing facilities located within the boundaries of [the city].” Additionally, a city “may not enact ordinances for permitting or for determining the location of dispensing facilities which are more restrictive than its ordinances permitting or determining the locations for pharmacies licensed under chapter 465. A municipality or county may not charge a medical marijuana treatment center a license or permit fee in an amount greater than the fee charged by such [city] to pharmacies.” I would like planning staff to analyze the relevant sections of the state legislation, particularly as it relates to pharmacies and the proposed new use. Specifically, I would ask that planning staff identify all city rules regulating pharmacies, the zoning districts in which the use is allowed, prohibited, any distance regulations, etc. This information would assist the Commission in deciding how to implement SB 8-A, within the City of Miami Beach. If you have any questions please contact my assistant Cilia Maria Ruiz-Paz at 305-673- 7000 x 6437 Page 31 of 230 C ommission C ommittee Assignments - C 4 C COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:C ommissioner J oy Malakoff D ATE:J une 28, 2017 S UB J E C T:R EFE RRAL T O T H E L AN D U SE AND DE VEL OP MENT CO MMIT T E E AN D T HE PL ANNING BO AR D REL AT IN G T O P H AR MAC IE S AN D ME DICAL CANNAB IS D IS PE NSAR IE S. AN ALYS IS See attached. Legislativ e Tracking Office of the City Attorney Sponsor Commissioner Joy Malakoff AT TAC H ME N T S: Description Ban cannabis dispensaries Referral Memo Page 32 of 230 City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of the City Commission Jimmy L. Morales, City Manager FROM: Commissioner Joy Malakoff DATE: June 28, 2017 SUBJECT: Referral to LUDC and Planning Board I would like to jointly refer an ordinance to the Land Use and Development Committee and the Planning Board that would prohibit medical cannabis dispensaries or “medical marijuana treatment centers.” On June 9, 2017, the Florida Legislature, during a special session, in less than 48 hours time – introduced, modified, and passed, in both houses, a new cannabis bill (SB 8-A, 3rd Engrossed) which is highly unusual. It provides in relevant part: that the regulation of medical marijuana is preempted to the state, except as to the following: (1) the “medical marijuana treatment center (medical cannabis dispensary) cannot be within 500 feet of a public or private school; (2) that a city [or county] may ban medical marijuana treatment centers entirely; or (3), if a city does not ban medical marijuana treatment centers, the city “may not place specific limits, by ordinance, on the number of dispensing facilities that may locate within [that city].” “The city may determine by ordinance the criteria for the location of, and other permitting requirements that do not conflict with state law or department rule for, medical marijuana treatment center dispensing facilities located within the boundaries of [the city].” Additionally, a city “may not enact ordinances for permitting or for determining the location of dispensing facilities which are more restrictive than its ordinances permitting or determining the locations for pharmacies licensed under chapter 465. A municipality or county may not charge a medical marijuana treatment center a license or permit fee in an amount greater than the fee charged by such [city] to pharmacies.” Based upon the foregoing, I would like to refer an ordinance banning such use from the City of Miami Beach. If you have any questions please contact my assistant Bonnie Stewart at 305-673-7000 x 6722. Page 33 of 230 C ommission C ommittee Assignments - C 4 D COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:Vice-May or Kristen Rosen Gonzalez D ATE:J une 28, 2017 S UB J E C T:R EFE RRAL T O T HE NE IGH BORHOOD/C OMMUNIT Y AFFAIR S C OMMIT T EE AN D T H E F INANCE AN D CIT Y WIDE P R OJE CT S COMMIT T EE - R EQ U ES T FOR C IT Y TO SPONS OR T HE S T ING SWIM C LUB. AN ALYS IS Please add a referral to the Neighborhood/Community Affairs Committee and the Finance and Citywide Projects Committee a request for city sponsorship of the Sting Swim Club. T he Sting Swim Club is a community based swim team in Miami Beach. T heir purpose is to enrich the lives of adults and youth through the sport of swimming. T he Sting Swim Club is on the cutting edge of stroke development technique. T hey maintain a commitment to excellence, safety and fitness. T heir practice structure is interval based. T he adults have two one hour and a half sessions both in the morning and evening Monday through Friday. T he youth have five evening sessions Monday through Friday, lasting two hours in length. T he team is affiliated with Florida Gulf Coast (www.fgcswim.org) and is recognized by both U SA Swimming and United States Masters Swimming (www.usms.org). T he Sting Swim Team's business structure is non profit based with 501c3 designation officially recognized by both the State of Florida and the IR S. T he team recognizes that its coaching positions are an extension of Miami Beach's service motto: "....committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical historic community." As with other City sponsored teams (including Ft. Lauderdale), the salaries of Head Coach Mike Green is $45,000, and Assistant Coach Sandrine Clinton is $40,000, and the pool rental fees are underwritten. Here are some examples of return on investment: 1. Bring Michael Phelps Swim School curriculum to Miami Beach. 2. Raise the competitive profile of this city’s athletes by competing in: US A Swimming, US MS, WOWZA and F INA sanctioned competitions. 3. Work with the city to become a circuit city for FINA's open water swim series. 4. Host National and International Swim Meets at the Miami Beach Convention Center. 5 . Bid for and win as host city for Olympic Trials in 2020. 6. Opening of a Pro Swim Shop at Flamingo Pool. Page 34 of 230 Legislativ e Tracking Vice-Mayor Kristen Rosen Gonzalez Page 35 of 230 Resolutions - C 7 A COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:Raul J . A guila, City Attorney D ATE:J une 28, 2017 S UB J E C T:A RE SOLU T ION O F T HE MAYOR AN D C IT Y COMM IS SION OF T HE CIT Y OF MIAMI BEACH, F LO R IDA, REP EAL IN G RE SO LUT ION NO. 2017-29907 AN D C ALL ING FOR A S PE C IAL EL ECT ION ON N OVE MBE R 7, 2017, F OR T HE PURP OSE OF SUB M IT T IN G TO T HE E LE CT ORAT E OF T HE C IT Y OF MIAMI BE ACH, F LORID A A B ALL OT QUE ST ION ASKING WH ET H ER T HE CIT Y C OMMISSION SHAL L ADOPT AN ORDIN ANCE CHANG ING T HE CURRE N T 5:00 A.M. T ERMINAT IO N T IME T O 2:00 A.M. F OR T HE SALE AND C ONS U MPT ION OF ALCOHOL IC BEVERAG ES ON P R IVAT E P R OP ERT Y AT AL CO H OL IC B EVE R AGE ES TAB LISHM ENT S LOCAT ED ON OCEAN D R IVE F R OM 5T H TO 15T H ST R EE T S, EXEMP T IN G F R OM T HIS T IME CHANG E T HO SE IN D OOR PORT IONS OF ALCOHOL IC BE VERAGE ES TAB LISHME N T S T H AT ARE C OMP LET ELY E N C LO SE D AND L OCAT E D E N T IR ELY WIT HIN H OT EL S. AN ALYS IS See Memorandum attached. Legislativ e Tracking Office of the City Attorney Sponsor Mayor Philip Levine AT TAC H ME N T S: Description Page 36 of 230 Ordinances - R 5 A COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:J immy L. Morales, City Manager D ATE:J une 28, 2017 5:01 p.m. Se cond Re ading Public He aring S UB J E C T:N ORT H BE AC H TAT U M WAT E RWAY C ONS ERVAT IO N D IS T RICT DE MOL IT ION MORATORIU M: AN O R D INANCE OF T H E MAYOR AN D CIT Y C OMMISS ION OF T HE C IT Y OF MIAMI B EACH, FL OR IDA, E XT E N D ING T HE MORAT ORIU M T H R OUGH OCTOBER 31, 2017, F OR PROPERT IES FRONT ING ON TAT UM WAT ERWAY AN D LOC AT ED ON T H E WEST SIDE O F TAT U M WAT ERWAY DRIVE AND B YRON AVENUE FROM 77T H S T RE ET T O 87T H ST REET, PRO PE RT IE S LO C AT E D ON T HE E AST SID E OF HAWT HORNE AVE N U E F R OM 77T H S T REET T O C R ES PI BOULE VARD, PRO PE RT IE S L OCAT ED ON T HE EAS T SID E OF C R ES PI BOULE VARD F RO M HAWT H ORNE AVE N U E TO 85T H S T RE ET, AN D PROPE RT IES LOCAT ED ON T HE NORT H S IDE OF 85T H ST R EE T B ET WEE N C R ES PI B OUL EVAR D AN D BYRO N AVENUE; IMP OS ING A T E MPO R ARY MORATORIU M U PON T H E R ECE IP T O F OR PROC ES SING OF AP PL ICAT ION S, PE R MIT S O R P ENDING APP R OVAL S P ERTAIN ING T O DEMOLIT IO N OF ST R UCT URES ON TAT U M WAT E RWAY; FO R Z ONING IN PRO GRE SS PURP OSES, T HIS ORDIN AN CE SHAL L B E E F F EC T IVE UPON F IRS T RE AD ING OF T HIS O R D INANCE, AN D NO APPLICAT IO N S F OR DE M OL IT ION WIT H IN T HE D ES IGNAT ED ARE A SHAL L BE AC C EP T E D BY T HE CIT Y; PROVID ING FOR EXCE PT IONS; P R OVID ING FO R SE VERAB IL IT Y; RE PE AL OF C ONFL ICT ING ORDINANCE P R OVISIONS; AND PROVID ING FO R AN E XPIRAT IO N DAT E. R E C O MME N D ATIO N The Administration rec ommends that the City C ommission adopt the Ordinance. AN ALYS IS B A C K GROU N D On May 11, 2016, at the request of Commissioner Arriola, the City Commission directed the City Attorney to draft an ordinance establishing a temporary moratorium on the issuance of demolition permits in the North Beach area (Item R9O). On July 13, 2016, the City Commission approved the ordinance establishing a temporary moratorium for the demolition of any ‘Contributing’ structure within the following areas of the North Beach Master Plan study area: • T he “North Shore National Register District:” Generally bounded by 73rd Street to the south, Dickens Avenue, Hawthorne Avenue and Crespi Boulevard to the west, 87th Street to the north, and Collins Court to the east. • T he “Normandy Isles National Register District:” Generally bounded by Biscayne Bay to the south, Page 37 of 230 Ray Street, Rue Notre Dame and Rue Versailles to the west, Normandy Shores Golf Course to the north, and the western bulkhead of Indian Creek to the east. As originally approved, the moratorium remained in effect for one hundred and eighty (180) days from the effective date of July 13, 2016, which was January 13, 2017. At a special meeting on December 9, 2016, the City Commission directed the City Attorney to draft an ordinance extending the existing demolition moratorium to the area of Tatum Waterway an additional 6 months (180 days). On February 8, 2017, this 180 day extension was adopted, retroactive to January 11, 2017. T he current moratorium is set to expire on or about July 11, 2017, unless extended. A N A LY SI S T he proposed moratorium is a limited extension of the existing moratorium, and would apply to the demolition of any “Contributing” structure within the Tatum Waterway area of the North Shore National Register District. Generally, the proposed moratorium will apply to properties fronting on Tatum Waterway Drive, Byron Avenue and Crespi Blvd from 77th street to 87th street. T he moratorium would not apply to applications that have received a Land Use Board Order or a building permit for demolition prior to July 13, 2016, which is the applicable date of the existing moratorium. It would also not apply to an unsafe structure board order or a lawful order of the Building Official. As proposed, the moratorium would remain in effect until October 31, 2017, unless earlier rescinded, repealed or extended by an Ordinance or Resolution of the City Commission. T he ordinance is proposed to be effective, RE T RO AC T IVE, to June 7, 2017. T he proposed North Beach National Register Neighborhood Conservation District Overlay Ordinance is scheduled to be referred to the Planning Board on June 7, 2017. Assuming such ordinance is referred, First Reading before the City Commission would not be until July or September. T he proposed moratorium extension would coincide with Planning Board and Commission review of the conservation district legislation. U PDATE T he subject moratorium was approved at First Reading on June 7, 2017. C O N C L U S IO N T he Administration recommends that the City Commission adopt the Ordinance. Legislativ e Tracking Planning Department Sponsor Commissioner Ricky Arriola AT TAC H ME N T S: Page 38 of 230 Description Ordinanc e Ad Page 39 of 230 North Beach Tatum Waterway Conservation District Demolition Moratorium ORDINANCE NO. ----- AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, EXTENDING THE MORATORIUM THROUGH OCTOBER 31, 2017, FOR PROPERTIES FRONTING ON TATUM WATERWAY AND LOCATED ON THE WEST SIDE OF TATUM WATERWAY DRIVE AND BYRON AVENUE FROM 77TH STREET TO 87TH STREET, PROPERTIES LOCATED ON THE EAST SIDE OF HAWTHORNE AVENUE FROM 77TH STREET TO CRESPI BOULEVARD, PROPERTIES LOCATED ON THE EAST SIDE OF CRESPI BOULEVARD FROM HAWTHORNE AVENUE TO 85TH STREET, AND PROPERTIES LOCATED ON THE NORTH SIDE OF ssTH STREET BETWEEN CRESPI BOULEVARD AND BYRON AVENUE; IMPOSING A TEMPORARY MORATORIUM UPON THE RECEIPT OF OR PROCESSING OF APPLICATIONS, PERMITS OR PENDING APPROVALS PERTAINING TO DEMOLITION OF STRUCTURES ON TATUM WATERWAY; FOR ZONING IN PROGRESS PURPOSES, THIS ORDINANCE SHALL BE EFFECTIVE UPON FIRST READING OF THIS ORDINANCE, AND NO APPLICATIONS FOR DEMOLITION WITHIN THE DESIGNATED AREA SHALL BE ACCEPTED BY THE CITY; PROVIDING FOR EXCEPTIONS; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FOR AN EXPIRATION DATE. WHEREAS, the Mayor and City Commission have recognized the need for a temporary moratorium on the receipt of and processing of demolition permits to ensure the completion of the regulations relating to the creation of conseNation district regulations for Tatum Waterway, from Byron Avenue to the North, and 77 Street to the South; and WHEREAS, as seen in WC/ Communities, Inc. v. City of Coral Springs, 885 So.2d 912(Fla. 4th DCA 2004), a court will not interfere with the legislative act of establishing a temporary moratorium in processing plan where there is a rational relationship to the City's legitimate general welfare concern; and WHEREAS, moreover, a court should not set aside the determination of public officers in land use matters unless it is clear that their action has no foundation in reason, and is a mere arbitrary or irrational exercise of power having no substantial relation to the public health, the public morals, the public safety of the public welfare in its proper sense. Id.; and Smithfield Concerned Citizens for Fair Zoning v. Town of Smithfield, 907 F.2d 239, 243 (1st Cir. 1990); and WHEREAS, the first step in ensuring a proper moratorium, is to ensure that the City's legislative has a rational basis and legitimate governmental purpose for the imposition of a moratorium; and WHEREAS, the second step is for the Mayor and City Commission to establish a record that the moratorium would further the governmental purpose of creating, finalizing, and adopting the North Beach vision through the Master Plan process; and WHEREAS, while the planning process is being solidified, some key areas of emphasis have emerged as the essential foundations to ensure the creation of the conseNation district guidelines while garnering widespread support throughout the community, including but not Page 40 of 230 limited to a balanced strategy to promote historic preservation while supporting incentives for greater development, density and activation; and WHEREAS, the Mayor and City Commission desire to encourage innovative and compatible redevelopment that provides improved communities, enhances public benefits in the form of compatible architecture and uses; WHEREAS, the creation of a master plan and analysis of the impacts due to such plan on parks, recreation, open space, infrastructure, accessibility of emergency and public service vehicular traffic and public safety and public facilities needs is important to the City to ensure the health, safety and welfare of the City's residents and visitors; and WHEREAS, the City Commission has noted the rapid demolition of a multitude of structures within the study area, and is concerned that the character of the community, and possible increase of incompatible uses or structures is of concern; and WHEREAS, the City in order to protect and preserve Tatum Waterway, while the City develops the conservation district regulations, the moratorium is necessary; and WHEREAS, the City Commission realizes that all these changes may have a consequence of increasing demand for City services and on how these structures are handling for land development reasons; and WHEREAS, the City requires time to review, consider, modify, process for adoption, and implementation regulations pertaining to the referenced zoning districts, and to evaluate the extent that the existing zoning/land development regulation are effectively implementing the plan; and WHEREAS, the Courts have recognized that a temporary moratorium is an important land-use planning tool as a means of preserving the status quo during the planning process to ensure the Community's problems are not exacerbated during the time it takes to formulate a regulatory scheme; and WHEREAS, it is well-settled that permissible bases for land use restrictions include concern about the effect of the proposed development on traffic, on congestion, on surrounding property values, on demand for City services, and on other aspects of the general welfare. WCI Communities, Inc., 885 So.2d at 915 and Corn v. City of Lauderdale Lakes, 997 F.2d 1369, 1375 (11th Cir. 1993); and WHEREAS, in applying an ordinance retroactively (1) there is clear evidence of legislative intent to apply the Jaw retroactively, and (2) when allowed, the retroactive application is constitutionally permissible, in that the new Jaw does not create new obligations, impose new penalties, or impair vested rights. Jasinski v. City of Miami, 269 F.Supp.2d 1341 (SD Fla. 2003); and WHEREAS, for purposes of determining whether the retroactive application of a municipal ordinance impairs a vested right under Florida law, a vested right is defined as an immediate, fixed right of present enjoyment, Id.; and 2 Page 41 of 230 WHEREAS, the City is not interfering with a vested right obtained as a result of a final order from a City Land Use Board, or permit already obtained under the Florida Building Code; and WHEREAS, the City requires a limited amount of additional time, as the original moratorium is scheduled to expire on July 7, 2017, and although great progress has been made, including by the North Beach Steering Committee, but additional time is needed to obtain a consensus, and finalize the new draft regulations; and WHEREAS, the Mayor and City Commission desire to ex1end the moratorium on demolition permits through October 31, 2017, or adoption of the Conservation District regulations, whichever is first. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. RECITALS. The foregoing recitals are incorporated by this reference as if fully set forth in the tex1 of this Ordinance. The recitals evidence the concern, motivations and reasons for imposition of this Ordinance. SECTION 2. MORATORIUM AREA. On February 8, 2017, the City Commission enacted Ordinance, 2017-0471, which provided a six month moratorium through July 8, 2017, and which moratorium is being ex1ended through this Ordinance. The imposed Moratorium shall apply to the acceptance of applications for or the processing of applications for the demolition of any structure for properties fronting on Tatum Waterway and located on the west side of Tatum Waterway Drive and Byron Avenue from 7?1h Street to 8?1h Street, properties located on the east side of Hawthorne Avenue from 7?1h Street to Crespi Boulevard, properties located on the east side of Crespi Boulevard from Hawthorne Avenue to 85 1h Street, and properties located on the north side of 85th Street between Crespi Boulevard and Byron Avenue. The moratorium will not prevent or affect: (i) applications that have received a Land Use Board Order issued prior to February 8, 2017; (ii) a building permit for demolition issued prior to February 8, 2017; (iii) a lawful order of the building official; or (iv) an unsafe structures board order. SECTION 3. CONSTRUCTION. This Ordinance is to be liberally construed to accomplish its objectives. SECTION 4. DURATION OF MORATORIUM. This Ordinance shall remain in effect through October 31, 2017, unless earlier rescinded, repealed or ex1ended by an Ordinance or Resolution of the City Commission of the City of Miami Beach. Within ninety (90) days from the effective date hereof, the City staff shall provide an interim report to the City Commission as to the progress being made in the preparation of the conservation district ordinances. SECTION 5. SEVERABILITY. That if any clause, section or other part of this Ordinance shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby, but shall remain in full force and effect. SECTION 6. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. PASSED and ADOPTED this __ day of ________ , 2017. 3 Page 42 of 230 ATTEST: Rafael E. Granado City Clerk First Reading: June 7, 2017 Second Reading: Verified by: ___________ _ Thomas Mooney, AICP Planning Director (Sponsored by: Commissioner Ricky Arriola) Underscore denotes new language ii>trikethrt1 Elenetes stricken langt1age 4 Philip Levine Mayor Approved as to form and language & for executioo 5-30-1·1 Date Page 43 of 230 20NE NEIGHBORS THURSDAY JUNE 152017 MIAMIHEEWED.COM 1 Y %IA 1I BEAC A CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING ORDINANCE EXTENDING THE NORTH BEACH TATUM WATERWAY CONSERVATION DISTRICT DEMOLITION MORATORIUM June 28, 2017 NOTICE IS HEREBY given that a Publlo Hearing will be heard by the Mayor and City Commission of the City of Miami Beach, Florida. in the Commission Chamber, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, an June 28, 2017 at 5:01 p.m., or as soon thereafter as the matter can be heard, to consider: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, EXTENDING THE MORATORIUM THROUGH OCTOBER 31, 2017 FOR PROPERTIES FRONTING ON TATUM WATERWAY AND LOCATED ON THE WEST SIDE OF TATUM WATERWAY DRIVE AND BYRON AVENUE FROM 77TH STREET TO 87TH STREET, PROPERTIES LOCATED ON THE EAST SIDE OF HAWTHORNE AVENUE FROM 77TH STREET TO CRESPI BOULEVARD, PROPERTIES LOCATED ON THE EAST SIDE OF CRESPI BOULEVARD FROM HAWTHORNE AVENUE TO 85TH STREET, AND PROPERTIES LOCATED ON THE NORTH SIDE OF 85TH STREET BETWEEN CRESPI BOULEVARD AND BYRON AVENUE; IMPOSING A TEMPORARY MORATORIUM UPON THE RECEIPT OF OR PROCESSING OF APPLICATIONS, PERMITS OR PENDING APPROVALS PERTAIN ING TO DEMOLITION OFSTRUCTURES ON TATUM WATERWAY; FOR ZONING IN PROGRESS PURPOSES, THIS ORDINANCE SHALL BE EFFECTIVE UPON FIRST READING OF THIS ORDINANCE, AND NO APPLICATIONS FOR DEMOLITION WITHIN THE DESIGNATED AREA SHALL BE ACCEPTED BY THE CITY; PROVIDING FOR EXCEPTIONS; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FOR AN EXPIRATION DATE. This Ordinance is being heard pursuant to Section 2.05 of the City Charter and §166.041 F.S. inquiries may be directed to the Planning Department at 305.673.7550. INTERESTED PARTIES are Invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Canter Drive, 1 Floor, City Hall, Miami Beach, Florida 33139. This Item Is available for public inspection during normal business hours in the City Clerk's Office. 1700 Convention Center Drive, 1°' Floor, City Hall, Miami Beach, Florida 33139. This [tem may be continued, and under such circumstances, additional legal notice need not be provided. Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the Introduction or admission of otherwise Inadmissible or Irrelevant evidence, nor does It authorize challenges or appeals not otherwise allowed by law. To request this material In alternate format, sign language Interpreter (five -day notice required), information on access for persons with disabilities, and/or any accommodation to review any document or participate in any City- sponsored proceedings, call 305.604.2489 and select 1 for English or 2 for Spanish, then option 6; TTY users may call via 711 (Florida Relay Service). Ad 1346 Rafael E. Granado, City Clerk City of Miami Beach Page 44 of 230 O rdinances - R5 B COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:J immy L. Morales, City Manager D ATE:J une 28, 2017 5:02 p.m. Se cond Re ading Public He aring S UB J E C T:N ORT H BEAC H N AT IONAL REG IS T E R C ONS ERVAT IO N D IS T RIC T S D EMOLIT ION MO R AT ORIU M: AN O R D INANCE OF T H E MAYOR AN D CIT Y C OMMISS ION OF T HE C IT Y OF MIAMI B EACH, FL ORIDA, P ERTAIN ING TO E XT E NDING T HE MO R AT ORIU M T HROUGH OCTOBE R 31, 2017 F O R T HE FO L L OWIN G AREAS/PRO PE RT IE S: PROPE RT IES LO C AT E D BE T WEEN TAT U M WAT ERWAY D R IVE/B YRON AVENUE ON T HE WE ST AND T HE EAST ERN LOT LINE S O F LO T S F R ONT ING ABB OT T AVENUE O N T H E E AST BE T WE EN 77T H ST R EE T O N T HE S OUT H AN D 86T H ST R EE T O N T H E NORT H; T HE PRO PE RT IE S L OCAT ED B ET WEE N T HE TAT U M WAT ERWAY ON T H E WES T AND T HE EAS T E RN LO T L INES OF LOT S FRO N T IN G ABBO T T AVENUE O N T HE E AST BE T WE EN 75T H S T RE ET ON T H E SOUT H AND 77T H S T RE ET O N T HE NORT H; T H E P R OP ERT IES LOC AT ED AT 8519, 8525, AND 8527 CRE SP I B OUL EVARD; T H E P R OP ERT IES F R ONT ING NO R M AN D Y D R IVE F ROM R U E NO T RE D AME ON T H E WE ST TO BAY DRIVE ON T HE E AST; T HE P ROPERT IE S F R ONT ING 71ST ST R EE T FROM R U E NOT RE DAME ON T HE WES T T O B AY D R IVE ON T HE EAS T; T HE PROPE RT IES FRON T IN G T H E EAS T SIDE OF R UE VE R SAILL ES FR OM 71ST ST R EE T T O BIAR R IT Z D R IVE; T HE PRO PE RT IE S FRONT ING BIAR R IT Z D R IVE F R OM R U E VERS AIL LE S ON T H E WES T T O R U E VENDOME ON T HE EAS T; T HE P ROPE RT IE S F R ONT ING RUE VENDO ME F R OM 71ST S T RE ET ON T HE N ORT H TO B R ES T ESPL AN AD E ON T HE SO U T H; T HE P R OP ERT IES F R ONT ING BRE ST ES PL ANADE; T HE P R OP ERT IE S F R ONT ING T HE WE ST SID E O F B AY DR IVE FROM BRE ST ES PL ANADE ON T HE S OUT H T O 71ST ST R EE T ON T H E NORT H; T HE PRO PE RT IE S FRON T ING T H E E AST SIDE OF BAY DRIVE F RO M 71ST ST R EE T ON T H E SOUT H TO T HE N ORMANDY WAT ERWAY ON T HE N ORT H; IMPO SIN G A T E MPORARY MORATORIUM U PON T HE RE CEIPT O F O R P R OCE SS ING OF APP LICAT IO N S, P ERMIT S OR PE N DING AP PRO VALS P ERTAINING T O D EMO LIT ION OF ST RUCT U R ES ON TAT UM WAT E RWAY; P ROVIDING FOR AN E F F ECT IVE DAT E R ET R OACT IVE TO F IRS T RE AD ING, F EB RUARY 8, 2017; F OR Z ONIN G IN PRO GRE SS P U R POSE S, T HIS OR D INANCE SHAL L BE EFFE C T IVE UP ON FIR ST RE AD ING OF T H IS ORDINANCE, AN D NO APPL IC AT IONS F OR D EMOLIT IO N WIT HIN T HE D ES IGNAT ED ARE A SHAL L BE AC C EP T E D BY T HE CIT Y; PROVID ING FOR EXCE PT IONS; PROVIDING FO R SE VERAB IL IT Y; R E P E A L OF C ONFL ICT ING ORDINANCE P R OVISIONS; AND PROVID ING FO R AN E XPIRAT IO N DAT E. Page 45 of 230 R E C O MME N D ATIO N The Administration rec ommends that the City C ommission adopt the Ordinance. AN ALYS IS B A C K GROU N D On May 11, 2016, at the request of Commissioner Arriola, the City Commission directed the City Attorney to draft an ordinance establishing a temporary moratorium on the issuance of demolition permits in the North Beach area (Item R9O). On July 13, 2016, the City Commission approved the ordinance establishing a temporary moratorium for the demolition of any ‘Contributing’ structure within the following areas of the North Beach Master Plan study area: • T he “North Shore National Register District:” Generally bounded by 73rd Street to the south, Dickens Avenue, Hawthorne Avenue and Crespi Boulevard to the west, 87th Street to the north, and Collins Court to the east. • T he “Normandy Isles National Register District:” Generally bounded by Biscayne Bay to the south, Ray Street, Rue Notre Dame and Rue Versailles to the west, Normandy Shores Golf Course to the north, and the western bulkhead of Indian Creek to the east. As approved, the moratorium remained in effect for one hundred and eighty (180) days from the effective date of July 13, 2016, and expired on January 13, 2017. On March 1, 2017, the moratorium was extended an additional 180 days, retroactive to February 8, 2017. T he current moratorium is set to expire on or about August 8, 2017, unless extended. PLANNI NG A NALY SI S T he proposed moratorium is an extension of the previous moratorium, and would apply to the demolition of any “Contributing” structure within the areas identified for inclusion in the proposed North Beach National Register Conservation Districts. Generally, this includes the areas of the North Shore and Normandy Isles National Register Districts that were not included within the proposed boundaries of the local historic districts. T he moratorium extension would not apply to applications that have received a Land Use Board Order or a building permit for demolition prior to February 8, 2017, which is the applicable date of the existing moratorium. It would also not apply to an unsafe structure board order or a lawful order of the Building Official. As proposed, the moratorium would remain in effect until October 31, 2017, unless earlier rescinded, repealed or extended by an Ordinance or Resolution of the City Commission. T he ordinance is proposed to be effective, RE T RO AC T IVE, to June 7, 2017. T he proposed North Beach National Register Neighborhood Conservation District Overlay Ordinance is scheduled to be referred to the Planning Board on June 7, 2017. Assuming such ordinance is referred, First Reading before the City Commission would not be until July or September. T he proposed moratorium extension would coincide with Planning Board and Commission review of the conservation district legislation. U PDATE T he subject moratorium was approved at First Reading on June 7, 2017. C O N C L U S IO N T he Administration recommends that the City Commission adopt the Ordinance. Page 46 of 230 Legislativ e Tracking Planning Sponsor Commissioner Ricky Arriola AT TAC H ME N T S: Description Ordinanc e Ad Page 47 of 230 North Beach National Register Conservation Districts Demolition Moratorium ORDINANCE NO. ____ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PERTAINING TO EXTENDING THE MORATORIUM THROUGH OCTOBER 31, 2017 FOR THE FOLLOWING AREAS/PROPERTIES: PROPERTIES LOCATED BETWEEN TATUM WATERWAY DRIVE/BYRON AVENUE ON THE WEST AND THE EASTERN LOT LINES OF LOTS FRONTING ABBOTT AVENUE ON THE EAST BETWEEN 77TH STREET ON THE SOUTH AND 86TH STREET ON THE NORTH; THE PROPERTIES LOCATED BETWEEN THE TATUM WATERWAY ON THE WEST AND THE EASTERN LOT LINES OF LOTS FRONTING ABBOTT AVENUE ON THE EAST BETWEEN 75TH STREET ON THE SOUTH AND 77TH STREET ON THE NORTH; THE PROPERTIES LOCATED AT 8519, 8525, AND 8527 CRESPI BOULEVARD; THE PROPERTIES FRONTING NORMANDY DRIVE FROM RUE NOTRE DAME ON THE WEST TO BAY DRIVE ON THE EAST; THE PROPERTIES FRONTING 71 8 T STREET FROM RUE NOTRE DAME ON THE WEST TO BAY DRIVE ON THE EAST; THE PROPERTIES FRONTING THE EAST SIDE OF RUE VERSAILLES FROM 71 5 T STREET TO BIARRITZ DRIVE; THE PROPERTIES FRONTING BIARRITZ DRIVE FROM RUE VERSAILLES ON THE WEST TO RUE VENDOME ON THE EAST; THE PROPERTIES FRONTING RUE VENDOME FROM 71 5 T STREET ON THE NORTH TO BREST ESPLANADE ON THE SOUTH; THE PROPERTIES FRONTING BREST ESPLANADE; THE PROPERTIES FRONTING THE WEST SIDE OF BAY DRIVE FROM BREST ESPLANADE ON THE SOUTH TO 71 5 T STREET ON THE NORTH; THE PROPERTIES FRONTING THE EAST SIDE OF BAY DRIVE FROM 71 5 T STREET ON THE SOUTH TO THE NORMANDY WATERWAY ON THE NORTH; IMPOSING A TEMPORARY MORATORIUM UPON THE RECEIPT OF OR PROCESSING OF APPLICATIONS, PERMITS OR PENDING APPROVALS PERTAINING TO DEMOLITION OF STRUCTURES ON TATUM WATERWAY; PROVIDING FOR AN EFFECTIVE DATE RETROACTIVE TO FIRST READING, FEBRUARY 8, 2017; FOR ZONING IN PROGRESS PURPOSES, THIS ORDINANCE SHALL BE EFFECTIVE UPON FIRST READING. OF THIS ORDINANCE, AND NO APPLICATIONS FOR DEMOLITION WITHIN THE DESIGNATED AREA SHALL BE ACCEPTED BY THE CITY; PROVIDING FOR EXCEPTIONS; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FORAN EXPIRATION DATE. WHEREAS, the Mayor and City Commission desire to create a conservation district overlay for the entirety of the North Beach National Historic District and the Normandy Isles National Historic District; and WHEREAS, within the two National Historic Districts, the City has triggered zoning in progress to create two new local historic districts, which two districts are smaller than the larger National Historic Districts; and WHEREAS, the Mayor and City Commission have implemented a temporary moratorium on the receipt of and processing of demolition permits to ensure the completion of the regulations relating to the creation of conservation district regulations for Tatum Waterway, from Byron Avenue to the North, and 77 Street to the South and has imposed a moratorium for that area; and Page 48 of 230 WHEREAS, as the conservation district regulations have not been drafted or implemented, the City desires to implement a moratorium for the portions of the proposed conservation district that is not currently subject to the Tatum Waterway Moratorium, or zoning in progress under the local historic district designation process: and WHEREAS, as seen in WCI Communities, Inc. v. City of Coral Springs, 885 So.2d 912(Fla. 4th DCA 2004), a court will not interfere with the legislative act of establishing a temporary moratorium in processing plan where there is a rational relationship to the City's legitimate general welfare concern; and WHEREAS, moreover, a court should not set aside the determination of public officers in land use matters unless it is clear that their action has no foundation in reason, and is a mere arbitrary or irrational exercise of power having no substantial relation to the public health, the public morals, the public safety of the public welfare in its proper sense. Id.; and Smithfield Concerned Citizens for Fair Zoning v. Town of Smithfield, 907 F.2d 239, 243 (1st Cir. 1990); and WHEREAS, the first step in ensuring a proper moratorium, is to ensure that the City's legislative has a rational basis and legitimate governmental purpose for the imposition of a moratorium; and WHEREAS, the second step is for the Mayor and City Commission to establish a record that the moratorium would further the governmental purpose of creating, finalizing, and adopting the conservation district regulations; and WHEREAS, while the planning process is being solidified, some key areas of emphasis have emerged as the essential foundations to ensure the creation of the conservation district guidelines while garnering widespread support throughout the community, including but not limited to a balanced strategy to promote historic preservation while supporting incentives for greater development, density and activation; and WHEREAS, the Mayor and City Commission desire to encourage innovative and compatible redevelopment that provides improved communities, enhances public benefits in the form of compatible architecture and uses; WHEREAS, the creation of a master plan and analysis of the impacts due to such plan on parks, recreation, open space, infrastructure, accessibility of emergency and public service vehicular traffic and public safety and public facilities needs is important to the City to ensure the health, safety and welfare of the City's residents and visitors; and WHEREAS, the City Commission has noted the rapid demolition of a multitude of structures within the study area, and is concerned that the character of the community, and possible increase of incompatible uses or structures is of concern; and WHEREAS, the City in order to protect and preserve the character of the remaining areas not covered by the (a) Tatum Waterway moratorium or (b) zoning in progress for the local designation areas, while the City develops the conservation district regulations, the moratorium is necessary; and WHEREAS, the City Commission realizes that all these changes may have a consequence of increasing demand for City services and on how these structures are handling for land development reasons; and 2 Page 49 of 230 WHEREAS, the City requires time to review, consider, modify, process for adoption, and implementation regulations pertaining to the referenced zoning districts, and to evaluate the extent that the existing zoning/land development regulation are effectively implementing the plan; and WHEREAS, the Courts have recognized that a temporary moratorium is an important land-use planning tool as a means of preserving the status quo during the planning process to ensure the Community's problems are not exacerbated during the time it takes to formulate a regulatory scheme; and WHEREAS, it is we/I-settled that permissible bases for land use restrictions include concern about the effect of the proposed development on traffic, on congestion, on surrounding property values, on demand for City services, and on other aspects of the general welfare. WCI Communities, Inc., 885 So.2d at 915 and Corn v. City of Lauderdale Lakes, 997 F.2d 1369, 1375 (11th Cir. 1993); and WHEREAS, for purposes of determining whether the retroactive application of a municipal ordinance impairs a vested right under Florida Jaw, a vested right is defined as an immediate, fixed right of present enjoyment, Id.; and WHEREAS, the City is not interfering with a vested right obtained as a result of a final order from a City Land Use Board, or permit already obtained under the Florida Building Code; and WHEREAS, the City requires a limited amount of additional time, as the original moratorium is scheduled to expire on July 7, 2017, and although great progress has been made, including by the North Beach Steering Committee, but additional time is needed to obtain a consensus, and finalize the new draft regulations; and WHEREAS, the Mayor and City Commission desire to extend the moratorium on demolition permits through October 31, 2017, or adoption of the Conservation District regulations, whichever is first. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. RECITALS. The foregoing recitals are incorporated by this reference as if fully set forth in the text of this Ordinance. The recitals evidence the concern, motivations and reasons for imposition of this Ordinance. SECTION 2. MORATORIUM AREA. On February 8, 2017, the City Commission enacted Ordinance, 2017-0475, provided a six month moratorium through July 8, 2017, and which is being extended through this Ordinance. The imposed Moratorium shall be on the acceptance of applications for or the processing of applications for the demolition of any structure for the following areas/properties: properties located between Tatum Waterway Drive/Byron Avenue on the west and the eastern Jot lines of lots fronting Abbott Avenue on the east between 77tri Street on the south and 86tri Street on the north; the properties located between the Tatum Waterway on the west and the eastern lot lines of lots fronting Abbot Avenue on the east between 75th Street on the south and 7yth Street on the north; the properties located at 8519, 8525, and 8527 Crespi Boulevard; the properties fronting Normandy Drive from Rue Notre Dame on the west to Bay Drive on the east; the properties fronting 71st Street from Rue Notre Dame on the west to Bay drive on the east; the properties fronting the east side of Rue Versailles from 71 st Street to Biarritz Drive; the properties fronting Biarritz Drive from Rue Versailles on the west to Rue Vendome on the 3 Page 50 of 230 east; the properties fronting Rue Vendome from 71 31 Street on the north to Brest Esplanade on the south; the properties fronting Brest Esplanade; the properties fronting the west side of Bay drive from Brest Esplanade on the south to 71 st Street on the north; the properties fronting the east side of Bay Drive from 71st Street on the south to the Normandy Waterway on the north. The moratorium will not prevent or affect: (i) applications that have received a Land Use Board Order issued prior to February 8, 2017; (ii) a building permit for demolition issued prior to February 8, 2017; (iii) a lawful order of the building official; or (iv) an unsafe structures board order. SECTION 3. CONSTRUCTION. This Ordinance is to be liberally construed to accomplish its objectives. SECTION 4. DURATION OF MORATORIUM. This Ordinance shall remain in effect through October 31, 2017, unless earlier rescinded, repealed or extended by an Ordinance or Resolution of the City Commission of the City of Miami Beach. Within ninety (90) days from the effective date hereof, the City staff shall provide an interim report to the City Commission as to the progress being made in the preparation of the conservation district ordinances. SECTION 5. SEVERABILITY. That if any clause, section or other part of this Ordinance shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby, but shall remain in full force and effect. SECTION 6. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. PASSED and ADOPTED this __ day of ________ , 2017. ATTEST: Rafael E. Granado City Clerk Philip Levine Mayor Approved as to First Reading: June 7, 2017 Second Reading: \ form and language ~ & for execution n l__..-d~=-..l....L....L4~·--~ -.3 V -( I Verified by: ___________ _ Thomas Mooney, AICP Planning Director (Sponsored by: Commissioner Ricky Arriola) Underscore denotes new language Strikethni 9enetes striGl<en language e 4 Page 51 of 230 THURSDAY JUNE 15 2017 MIAMIHERALD.COM NEIGHBORS 9NE MIAMIBEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING ORDINANCE EXTENDING THE NORTH BEACH NATIONAL REGISTER CONSERVATION DISTRICTS DEMOLITION MORATORIUM June 28, 2017 NOTICE IS HEREBY given that a Public Hearing will be heard by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chamber, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on June 28, 2017 at 5:02 p.m., or as soon thereafter as the matter can be heard, to consider: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PERTAINING TO EXTENDING THE MORATORIUM THROUGH OCTOBER 31, 2017 FOR THE FOLLOWING AREAS /PROPERTIES: PROPERTIES LOCATED BETWEEN TATUM WATERWAY DRIVE /BYRON AVENUE ON THE WEST AND THE EASTERN LOT LINES OF LOTS FRONTING ABBOTT AVENUE ON THE EAST BETWEEN 77TH STREET ON THE SOUTH AND 86TH STREET ON THE NORTH; THE PROPERTIES LOCATED BETWEEN THE TATUM WATERWAY ON THE WEST AND THE EASTERN LOT LINES OF LOTS FRONTING ABBOTT AVENUE ON THE EAST BETWEEN 75TH STREET ON THE SOUTH AND 77TH STREET ON THE NORTH; THE PROPERTIES LOCATED AT 8519, 8525, AND 8527 CRESPI BOULEVARD; THE PROPERTIES FRONTING NORMANDY DRIVE FROM RUE NOTRE DAME ON THE WEST TO BAY DRIVE ON THE EAST; THE PROPERTIES FRONTING 71ST STREET FROM RUE NOTRE DAME ON THE WEST TO BAY DRIVE ON THE EAST; THE PROPERTIES FRONTING THE EAST SIDE OF RUE VERSAILLES FROM 71ST STREET TO BIARRITZ DRIVE; THE PROPERTIES FRONTING BIARRITZ DRIVE FROM RUE VERSAILLES ON THE WEST TO RUE VENDOME ON THE EAST; THE PROPERTIES FRONTING RUE VENDOME FROM 71ST STREET ON THE NORTH TO BREST ESPLANADE ON THE SOUTH; THE PROPERTIES FRONTING BREST ESPLANADE; THE PROPERTIES FRONTING THE WEST SIDE OF BAY DRIVE FROM BREST ESPLANADE ON THE SOUTH TO 71ST STREET ON THE NORTH; THE PROPERTIES FRONTING THE EAST SIDE OF BAY DRIVE FROM 71ST STREET ON THE SOUTH TO THE NORMANDY WATERWAY ON THE NORTH; IMPOSING A TEMPORARY MORATORIUM UPON THE RECEIPT OF OR PROCESSING OF APPLICATIONS, PERMITS OR PENDING APPROVALS PERTAINING TO DEMOLITION OF STRUCTURES ON TATUM WATERWAY; PROVIDING FOR AN EFFECTIVE DATE RETROACTIVE TO FIRST READING, FEBRUARY 8, 2017; FOR ZONING IN PROGRESS PURPOSES, THIS ORDINANCE SHALL BE EFFECTIVE UPON FIRST READING OF THIS ORDINANCE, AND NO APPLICATIONS FOR DEMOLITION WITHIN THE DESIGNATED AREA SHALL BE ACCEPTED BY THE CITY; PROVIDING FOR EXCEPTIONS; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FOR AN EXPIRATION DATE. This Ordinance is being heard pursuant to Section 2.05 of the City Charter and § 166.041 F.S. Inquiries may be directed to the Planning Department at 305.673.7550. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. This item is available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. This item may be continued, and under such circumstances, additional legal notice need not be provided. Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in alternate format, sign language interpreter (five -day notice required), information on access for persons with disabilities, and/ or any accommodation to review any document or participate in any City- sponsored proceedings, call 305.604.2489 and select 1 for English or 2 for Spanish, then option 6; TTY users may call via 711 (Florida Relay Service). Ad 1347 Rafael E. Granado, City Clerk City of Miami Beach Page 52 of 230 O rdinances - R5 C COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:J immy L. Morales, City Manager D ATE:J une 28, 2017 5:03 p.m. Se cond Re ading Public He aring S UB J E C T:ART D ECO/MIMO C OMMERCIAL CHARACT ER AND FORMUL A C OMME R C IAL OVE RLAY DIST R ICT: AN O R D INANCE OF T H E MAYOR AN D CIT Y C OMMISS ION OF T HE C IT Y OF MIAMI BEACH, F LO R IDA, AME NDING CHAP T E R 114 OF T H E CIT Y COD E, ENT IT LED “GENE R AL P R OVISIONS,” TO P R OVIDE F O R DE F INIT IONS FOR “CHE CK C ASHIN G S T ORE,” “CONVE N IE N C E S T ORE,” “F ORMUL A R ES TAURAN T,” “FORMUL A COMMERCIAL ESTAB L ISHME N T S,” “MARIJ U AN A D IS PE NSARY,” “CANNAB IS DISP ENS ARY,” “O C C U LT SCIENCE ES TAB LISHM ENT,” “PHARMACY,” “SO U VENIR AN D T-S HIRT SHO P,” “TAT T OO ST U DIO,” “MASS AGE T HE R APY CE N T E R,” AND RELAT E D D EFIN IT ION S; AMENDING C H APT ER 142 OF T H E CIT Y C ODE, E NT IT L E D “ZON ING D IS T RICT S AND RE GUL AT IONS,” AT ART ICL E III, ENT IT LE D "OVE R LAY D IS T RICT S," T O ES TAB LISH D IVISION 12, ENT IT LE D “ART DECO / MIMO C OMME RCIAL C H AR AC T E R O VERL AY D IS T RICT,” T O P R OVIDE ADDIT IONAL R EGULAT IONS FOR T HE AFO R EME N T IONE D U SE S, INCL U D ING D IS TANCE SE PARAT ION R EQ U IRE MENT S, L IM ITAT IONS ON N U M BE R OF ES TAB LISHM ENT S, AN D P R OHIBIT ION S U N D ER C ERTAIN CIRCUMS TANCE S; PROVIDING F OR R EP EAL E R; SEVERAB IL IT Y; CO D IFIC AT ION; AN D AN EFFE CT IVE DAT E. R E C O MME N D ATIO N The Administration rec ommends that the City C ommission adopt the Ordinance. AN ALYS IS B A C K GROU N D On September 14, 2016, at the request of Commissioner Ricky Arriola, the City Commission referred this item to the Land Use and Development Committee (Item C4 M). On September 27, 2016, at the request of Commissioner Ricky Arriola, the City Commission adopted a 10-point plan that recommends a prohibition on formula restaurants and limits on certain types of retail (Item R9B). On September 21, 2016, the Land Use and Development Committee continued the item to the October 26, 2016 meeting. On October 26, 2016, the item was continued to a date certain of November 16, 2016, at the request of the sponsor. On November 16, 2016 the Land Use Committee discussed the item and recommended that the City Commission refer the attached ordinance to the Planning Board for consideration with the following modifications, which are included in the attached ordinance: Page 53 of 230 1. T he area adjacent to Washington Avenue was removed from the South Beach overlay area; 2. T he definition of Formula Restaurant was modified slightly and now consists of no more than five (5) establishments in operation or with approved development orders in Miami Beach, as opposed to the previous benchmark of two (2) establishments; 3. T he following subsection was deleted from the definition of Formula Restaurant: “or (ii) a restaurant where at least some food or beverage orders are communicated by a customer to an employee over a counter or similar projection and the food or beverage that is ordered is provided to the customer at or over the counter or similar projection.” On December 14, 2016, the City Commission referred the attached ordinance to the Planning Board for consideration (Item C4 I). PLANNI NG A NALY SI S T he commercial areas of Miami Beach’s historic districts are world renown for providing unique experiences to residents and visitors. T hese include over a century of evolving, highly significant styles of architecture (including Art Deco and Post-War Modern/MiMo) that are unique to the area, dining experiences and styles of food that are difficult to experience outside of South Florida. Additionally, the retail industry provides goods and services unique to the region. Collectively, this highly unique mixture of architecture, food & dining and specialized retail have fostered and maintained a brand unique to Miami Beach. In turn, this unique brand reintroduced a strong tourism industry in Miami Beach, which is the City’s primary economic engine. However, in recent years, the character of these areas has been changing with an influx of businesses that are common to many suburban areas of the country. T hese businesses include chain (formula) restaurants, chain (formula) retail, check cashing stores, convenience stores, and pharmacy stores. T hese types of establishments have multiple locations throughout the country, as well as standardized identities, logos, color schemes, uniforms, and merchandise. T he proliferation of such establishments limit, and in some cases eliminate, opportunities for the unique business that have traditionally been part of the fabric of the historic commercial districts. T his has had a homogenizing effect of on the commercial areas, and has resulted in a decrease in the diversity of cultural, retail, and dining services unique to the Miami Beach brand. Over the last four decades, the City’s historic districts have thrived on a careful balance of cultural, retail, and dining experiences that are not found elsewhere in the country. T he increased level of homogeneity has detracted from the uniqueness of the City’s brand. Over the longer term, this could have a negative effect on the City’s economy, since visitors will encounter similar businesses to those that they see in their home cities, and less of the City’s brand. Additionally, certain nuisance uses such as pawnshops, souvenir and t-shirt shops, tattoo studios, fortune tellers (occult science establishments), and package liquor stores have also affected the character of the City’s historic districts in a negative way, as they detract from the experience that tourists and residents are seeking. Medical marijuana dispensaries have recently been permitted in the State of Florida, and these may have a similar impact as the aforementioned uses. Ocean Drive is of particular concern, due to its importance to the City’s tourism industry, as well as its unique architecture, sidewalk cafés, and beachfront location. Due to the location, exposure and successful branding, the homogenizing uses have become highly attractive for property owners; a number of such uses have already opened on Ocean Drive, with more seeking to open. In order to address this concern, the proposed Overlay District prohibits the previously described uses from Page 54 of 230 opening on properties that front Ocean Drive within the district boundaries. T H E PROPOSAL T he proposed Ordinance would establish the “Art Deco – MiMo Commercial Character Overlay District.” T he Overlay would generally cover areas of South Beach fronting Ocean Drive and Collins Avenue between 5th Street and 16th Street. Additionally, the areas of North Beach fronting Ocean Terrace, Collins Avenue, and Harding Avenue between 73rd Street and 75th Street are also included. T he following is a summary of the revised provisions included in the ordinance: • Check Cashing Stores: Such establishments shall be prohibited on lots fronting Ocean Drive and in the Ocean Terrace/Harding Townsite Area. In the remaining areas of the Overlay District, there shall be no more than two such establishments. Such establishments shall be located no closer than 2,500 feet from any other such establishment. • Convenience Stores: Such establishments shall be prohibited on lots fronting Ocean Drive, and in the Ocean Terrace/Harding Townsite Area, there shall be a limit of one (1) such establishment. In the remaining areas of the Overlay District there shall be no more than fivesuch establishments. Such establishments shall be located no closer than 2,500 feet from any other such establishment. • Formula Commercial: Such establishments shall be prohibited on lots fronting Ocean Drive and Ocean Terrace. • Formula Restaurants: Such establishments shall be prohibited on lots fronting Ocean Drive or Ocean Terrace. • Marijuana dispensaries: Prohibited in all areas. • Occult Science Establishments: Prohibited in the overlay district. • Package liquor stores: Such establishments shall be prohibited on lots in the South Beach Art Deco Area with an underlying MXE zoning designation and in the Ocean Terrace/Harding Townsite Area. In the remaining areas of the Overlay District there shall be no more than three such establishments. Such establishments shall be located no closer than 2,500 feet from any other such establishment. • Pawnshops: Prohibited in all areas. • Pharmacy stores: Such uses shall be prohibited on lots fronting Ocean Drive. In the Ocean Terrace/Harding Townsite Area, there shall be a limit of one (1) such establishment. In the remaining areas of the Overlay District, there shall be no more than five (5) such establishments. Such establishments shall be located no closer than 2,500 feet from any other such establishment. • Souvenir and t-shirt shops: Such establishments shall be prohibited on lots fronting Ocean Drive and in the Ocean Terrace/Harding Townsite Area. In the remaining areas of the Overlay District there shall be no more than five (5) such establishments. Such establishments shall be located no closer than 2,500 feet from any other such establishment. • Tattoo studios: Such uses shall be prohibited on lots fronting Ocean Drive and in the Ocean Terrace/Harding Townsite Area. In the remaining areas of the Overlay District there shall be no more than three (3) such establishments. Page 55 of 230 Additionally, the Overlay would prohibit variances of these regulations. It also establishes minimum submittal requirements to allow City staff to ensure compliance with these regulations. PLANNI NG BOARD REV I E W On January 24, 2017, the Planning Board transmitted the proposed Ordinance Amendment to the City Commission, with a favorable recommendation. T he Planning Board also recommended that the City Commission consider the following modifications to the ordinance: 1) Prohibit Massage Parlors that operate at night within the overlay. 2) Modify the definition of Convenience store to remove hours of operation and the term “prepared foods”. 3) Increase the number of establishments required for formula restaurants from 100 to 400 establishments. 4) Modify the criteria for formula retail establishments to only prohibit establishments with five or more locations within Miami Beach. For notice purposes, the attached draft of the ordinance for first reading includes the recommendation pertaining to massage parlors (massage therapy centers), as this required a change to the title, as well as the minor text changes affecting the definition of convenience stores. If the City Commission decides not to move forward with these particular recommendations, the ordinance can be modified for second reading by removing them. SUMMARY / U PDATE On March 1, 2017, the i tem was opened and continued to a date certai n of March 22, 2017. On March 22, 2017, the Ordinance was opened and continued to a date certain of A pril 26, 2017. The C ommission also requested the following be provided: 1. A distance separation for Tattoo S tudios so that such establishments shall be located no closer than 2,500 feet from any other such establishment. 2. The preparation of a market / economic analysis study pertaining to the formula retail and restaurant portion of the legi slation. S uch study will take into account whether there are any threshold differences between Ocean D rive and Ocean Terrace. B ased upon the results of the market / economic study, additional discussion and refinement of the number of formula retail establishments should be considered. The distance separation requirement for Tattoo S tudios has been incorporated into the revised draft of the ordinance. On A pril 26, 2017, the subject ordinance was continued to a date certain of May 17, 2017. On May 17, 2017, the item was opened and continued to a date certain of J une 7, 2017. On J une 7, 2017, the subject Ordinance was approved at F irst Reading. The C ity hired Mr. A ndy D olkart to prepare an economic / market analysis; attached is the fi nal report. In summary, the consultant concluded the following: A review of many other formula restaurant ordinances indicates that the proposed ordinance would be the least burdensome, as most limit formula restaurants to 15 or fewer establishments. There are 40 eating and drinking establishments i n the subject area. Only three would qualify as a formula restaurant pursuant to the proposed ordinance due to the number of establi shments they have throughout the country. S ix establishments are chai ns but would not quali fy as a formula establishment pursuant to the proposed ordinance. F ew restaurants currently operating on Ocean D rive are chain-affi liated due to existing desi gn and historic preservati on requi rements and guidelines, as well as other aesthetic limitations, including the S ecretary of Interior S tandards. Page 56 of 230 C hain restaurants generally choose to locate in single-user buildings or shopping centers that provide easy automobi le access and self-serve parking. A n analysis of 339 chain restaurants operating i n the United S tates indicates the following: 185 brands operate fast food restaurants and/or pizza shops and would likely not want locate on Ocean D rive due to their preference for being located in buildings with easy automobile access, self-serve parki ng, or drive-thrus. 164 brands fall into a variety of categories i n terms of cuisine and ambiance. 84 have less than 100 establishments and could be located on Ocean D rive. 60 of these have more than 100 establishments and would have to make modifications pursuant to the ordinance to operate on Ocean D rive. The ordinance provides criteria for such establi shments to make modifications that would allow them to locate in the affected area. The proposed ordinance will not make it impossible to fill vacant spaces and its adopti on will not adversely impact the C ity of Miami B each to any significant degree in terms of loss of jobs or fiscally in terms of loss of ad valorem tax revenue. B ased upon the fi ndings of the attached economic / market analysis, the A dministration recommends that the Ordinance be adopted. C O N C L U S IO N T he Administration recommends that the City Commission adopt the Ordinance. Legislativ e Tracking Planning Sponsor Commissioner Ricky Arriola AT TAC H ME N T S: Description Ordinanc e Dolkart Final Report Dolkart - Appendices Ad Page 57 of 230 ART DECO I MIMO COMMERCIAL CHARACTER AND FORMULA COMMERCIAL OVERLAY DISTRICT ORDINANCE NO. _____ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 114 OF THE CITY CODE, ENTITLED "GENERAL PROVISIONS," TO PROVIDE FOR DEFINITIONS FOR "CHECK CASHING STORE," "CONVENIENCE STORE," "FORMULA RESTAURANT," "FORMULA COMMERCIAL ESTABLISHMENTS," "MARIJUANA DISPENSARY," "CANNABIS DISPENSARY," "OCCULT SCIENCE ESTABLISHMENT," "PHARMACY," "SOUVENIR AND T-SHIRT SHOP," "TATTOO STUDIO," "MASSAGE THERAPY CENTER," AND RELATED DEFINITIONS; AMENDING CHAPTER 142 OF THE CITY CODE, ENTITLED "ZONING DISTRICTS AND REGULATIONS," AT ARTICLE 111, ENTITLED "OVERLAY DISTRICTS," TO ESTABLISH DIVISION 12, ENTITLED "ART DECO I MIMO COMMERCIAL CHARACTER OVERLAY DISTRICT," TO PROVIDE ADDITIONAL REGULATIONS FOR THE AFOREMENTIONED USES, INCLUDING DISTANCE SEPARATION REQUIREMENTS, LIMITATIONS ON NUMBER OF ESTABLISHMENTS, AND PROHIBITIONS UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. WHEREAS, properties fronting Ocean Drive and Collins Avenue that have a zoning designation of MXE Mixed Use Entertainment are located in the Ocean Drive/Collins Avenue Historic District, as well as the Miami Beach Architectural National Register Historic District; and WHEREAS, properties fronting Washington Avenue that have a zoning designation of CD-2 Com.mercial Medium Intensity District, are located in the Flamingo Park Historic District and the Miami Beach Architectural National Register Historic District; and WHEREAS, Ocean Drive, Collins Avenue, and Washington Avenue are some of the premier streets in Miami Beach and provide residents and visitors with a unique cultural, retail, and dining experience and are vital to Miami Beach's economy, especially the tourism industry; and WHEREAS, properties fronting Ocean Terrace and Collins Avenue between 73rd and 75th Streets are within the Harding Townsite Historic District and the North Shore National Register Historic District; and WHEREAS, properties fronting Harding Avenue between 73rd and 75th Streets are within North Shore National Register Historic District; and WHEREAS, the City of Miami Beach has undertaken a master planning process for the North Beach area that includes the Harding Townsite Historic District and North Shore National Register District, in order to encourage the revitalization of the area by improving cultural, retail, and dining experiences for residents and visitors to the area; and Page 58 of 230 WHEREAS, formula commercial establishments and formula restaurants are establishments with multiple locations and standardized features or a recognizable appearance, where recognition is dependent upon the repetition of the same characteristics of one store in multiple locations; and WHEREAS, formula commercial establishments and formula restaurants are increasing in number along Ocean Drive and within other historic districts; and WHEREAS, the sameness of formula commercial establishments, while providing clear branding for retailers, counters the City's Vision Statement which includes creating "A Unique Urban and Historic Environment"; and WHEREAS, notwithstanding the marketability of a retailer's goods or services or the visual attractiveness of the storefront, the standardized architecture, color schemes, decor and signage of many formula commercial establishments detract from the distinctive character and aesthetics of the historic districts; and WHEREAS, the increase of formula commercial establishments hampers the unique cultural, retail, and dining experience in commercial and mixed-use areas of the City's historic districts; and WHEREAS, specifically, the proliferation of formula commercial establishments may unduly limit or eliminate business establishment opportunities for non-traditional or unique businesses, thereby decreasing the diversity of cultural, retail, and dining services available to residents and visitors; and WHEREAS, the homogenizing effect of formula commercial establishments based on its reliance on standardized branding, is greater if the size of the establishment, in number of locations or size of use or branded elements is larger; and WHEREAS, the increased level of homogeneity detracts from the uniqueness of the historic districts, which thrive on a high level of interest maintained by a mix of cultural, retail, and dining experiences that are not found elsewhere in the country; and WHEREAS, sidewalk cafes are central to the economy of Ocean Drive and enhance the pedestrian experience and historic and cosmopolitan character of the street; and WHEREAS, it is not the intent of the City to limit interstate commerce, but rather to maintain the historic character of neighborhoods and promote their unique cultural, retail, and dining experiences that are vital to the City's economy; and WHEREAS, it is the intent of the City that if an establishment that has multiple locations and standardized features or a recognizable appearance seeks to locate within certain areas affected by this ordinance that such establishment provide a distinct array of merchandise, fa<;:ade, decor, color scheme, uniform apparel, signs, logos, trademarks, and service marks; and WHEREAS, convenience stores, pharmacy stores and eating establishments have similar impacts as formula stores; and Page 59 of 230 WHEREAS, check cashing stores, pawnshops, souvenir and !-shirt shops, tattoo studios, fortune tellers (occult science establishments), massage therapy center, and package liquor stores are uses which negatively affect surrounding areas; and WHEREAS, it is the intent of the City to limit the number of establishments which may negatively affect surrounding areas; and WHEREAS, the amendments set forth below are necessary to accomplish the objectives identified herein. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. Chapter 114 of the City Code, entitled "General Provisions," is hereby amended as follows: Sec. 114-1. Definitions. CHAPTER 114 GENERAL PROVISIONS The following words, terms and phrases when used in this subpart B, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: * * * Check cashing store means a business which cashes checks or exchanges currency on a regular basis for a fee. This definition does not include banks, which may cash checks in addition to providing other financial services such as, but not limited to, money savings accounts, loan services, and checking accounts. * * * Convenience store means a retail store with direct access from the street or sidewalk containing less than 6,000 square feet of floor area that is designed and stocked to sell primarily food (packaged), beverages, newspapers, magazines, and other household supplies to customers who generally purchase a relatively few number of items (in contrast to a "grocery store" or "super market"). It is designed to attract and depends upon a large turnover of customers. Establishment, as used in the definitions of Formula restaurant and Formula commercial establishment, means a place of business with a specific store name or specific brand. Establishment refers to the named store or brand and not to the owner or manager of the store or brand. As an example, if a clothing store company owns four (4) brands under its ownership umbrella and each branded store has 10 locations, the term "Establishment" would refer only to those stores that have the same name or brand. * * * Page 60 of 230 Formula restaurant means (i) a restaurant with 100 or more establishments in operation or with approved development orders in the United States or a restaurant with more than five (5) establishments in operation or with approved development orders in Miami Beach. With respect to the preceding sentence. in addition to the numerical thresholds the establishments maintain two (2) or more of the following features: a standardized (formula) array of merchandise: a standardized facade; a standardized decor or color scheme; uniform apparel for service providers, food. beverages or uniforms: standardized signs. logos. trademarks or service marks. For the purpose of this definition, the following shall apply: (1) Standardized (formula) array of merchandise or food means that 50 percent or more of in-stock merchandise or food is from a single distributor and bears uniform markings. (2) Trademark means any word. name. symbol, or device, or any combination thereof. used by a person to identify and distinguish the goods of such person, including a unique product, from those manufactured or sold by others, and to indicate the source of the goods, even if the source is unknown. A trademark may be registered with the U.S. Patent and Trademark Office and/or the Florida Department of State. However. an unregistered trademark may also be protected under common law. (3) Service mark means any word, name. symbol, or device. or any combination thereof, used by a person to identify and distinguish the services of such person, including a unique service, from the services of others. and to indicate the source of the services, even if that source is unknown. Titles, character names. and other distinctive features of radio or television programs may be registered as service marks notwithstanding that the person or the programs may advertise the goods of the sponsor. A service mark may be registered with the U.S. Patent and Trademark Office and/or the Florida Department of State. However, an unregistered service mark may also be protected under common law. (4) Decor means the style of interior or exterior furnishings, which may include but is not limited to, style of furniture. wall coverings or permanent fixtures. (5) Color scheme means the selection of colors used throughout, such as on the furnishings. permanent fixtures, and wall coverings. or as used on the facade. (6) Facade means a face (usually the front) of a building, including awnings, that looks onto a street or an open space. (7) Uniform food, beverages or apparel/uniforms means standardized items of clothing including but not limited to standardized aprons. pants, shirts, smocks or dresses, hats, and pins (other than name tags) as well as standardized colors of clothing, food or beverages. listed on the menus of such establishments or standardized uniforms worn by employees. * * * Formula commercial establishment means a commercial use. excluding office. restaurant and hotel use, that has ten (10) or more retail sales establishments in operation or with approved development orders in the United States of America; provided, however. for those businesses located in a building that is two (2) stories or less with frontage on Ocean Drive, formula commercial establishment means a commercial use. excluding office. restaurant Page 61 of 230 and hotel, which has five (5) or more other establishments in operation or with approved development orders in Miami Beach. In addition to meeting or exceeding the numerical thresholds in the preceding sentence. the definition of formula commercial establishment also means an establishment that maintains two or more of the following features: a standardized (formula) array of merchandise; a standardized facade; a standardized decor or color scheme: uniform apparel; standardized signs. logos. trademarks or service marks. For the purpose of this definition, the following shall apply: (1) Standardized (formula) array of merchandise means that 50 percent or more of in-stock merchandise is from a single distributor and bears uniform markings. (2) Trademark means any word, name, symbol. or device, or any combination thereof. used by a person to identify and distinguish the goods of such person, including a unique product, from those manufactured or sold by others, and to indicate the source of the goods, even if the source is unknown. A trademark may be registered with the U.S. Patent and Trademark Office and/or the Florida Department of State. However, an unregistered trademark may also be protected under common law. (3) Service mark means any word, name. symbol, or device. or any combination thereof. used by a person to identify and distinguish the services of such person. including a unique service, from the services of others, and to indicate the source of the services, even if that source is unknown. Titles. character names, and other distinctive features of radio or television programs may be registered as service marks notwithstanding that the person or the programs may advertise the goods of the sponsor. A service mark may be registered with the U.S. Patent and Trademark Office and/or the Florida Department of State. However. an unregistered service mark may also be protected under common law. (4) Decor means the style of interior or exterior furnishings, which may include but is not limited to. style of furniture. wall coverings or permanent fixtures. (5) Color scheme means the selection of colors used throughout, such as on the furnishings, permanent fixtures, and wall coverings, or as used on the facade. (6) Facade means a face (usually the front) of a building, including awnings, that looks onto a street or an open space. (7) Uniform apparel means standardized items of clothing including but not limited to standardized aprons. pants, shirts. smocks or dresses. hats. and pins (other than name tags) as well as standardized colors of clothing. * * * Grocery store means a retail store with direct access from the street or sidewalk containing 6,000 or more square feet of floor area that primarily sells food, including canned and frozen foods, fresh fruits and vegetables, and fresh (raw) and prepared meats. fish, and poultry. * * * Page 62 of 230 Marijuana dispensary or Cannabis dispensary means a building, structure, or other facility where marijuana or cannabis, inclusive of medical cannabis, and cannabis delivery devices, are dispensed at retail. * * * Massaae therapv center means an establishment that offers, sells or provides manipulations of the tissues or other tactile stimulation of the human body with the hand. foot arm leg elbow or part of the torso. whether or not aided by any electrical or mechanical device: and may include bathing hydrotherapy. thermal therapy. or application of chemicals oils lotions or similar preparations to the human body * * * Occult science establishment shall mean an establishment engaged in the occupation of a fortune teller. palmist, astrologist, numerologist, clairvoyant. craniologist, phrenologist, card reader, spiritual reader, tea leaf reader, prophet, psychic or advisor or who in any other manner claims or pretends to tell fortunes. or claims or pretends to disclose mental faculties of individuals for any form of compensation. Nothing contained herein shall be construed to apply to a person pretending to act as a fortune teller in a properly licensed theater as part of any show or exhibition presented therein or as part of any play, exhibition, fair or show presented or offered in aide of any benevolent, charitable or educational purpose. * * * Pharmacv store means a store with direct access from the street or sidewalk, containing a minimum of 3,500 sguare feet. where medicinal drugs reguiring a prescription from a gualified medical professional are dispensed and sold and that operates at a minimum between the hours of 9:00 AM and 10:00 PM and is also designed and stocked to sell health and wellness products. food (packaged and/or prepared), beverages, newspapers, magazines, and other household supplies to customers who generally purchase relatively few number of items (in contrast to a "grocery store" or "super market"). * * * Souvenirs are items. exclusive of books, magazines or maps, which serve as a token of remembrance of Miami Beach or any geographic areas in Florida and which bear the name of the City or geographic areas or streets thereof or of events associated with Miami Beach or South Florida. * * * Souvenir and I-shirt shop means any business with direct access from the street or sidewalk in which the retail sale of T-shirts or souvenirs or both is conducted as a principal use of the business, or together with some other business activity, but which constitutes the primary, or is the major attraction to the business. * * * Supermarket. (See "Grocery store.") * * * Page 63 of 230 Tattoo studio means any establishment. place of business, or location. other than a licensed medical facility, an office or clinic of a licensed medical professional. or a duly licensed beauty shop or barber shop, wherein adornment of any part of the human body or head. whether artistic. cosmetic or otherwise. is practiced through the use of needles, scalpels. or any other instruments designed to touch, penetrate or puncture the skin for purposes of: (1) inserting, attaching or suspending jewelry, decorations or other foreign objects; (2) producing an indelible mark or figure on the human body or face by scarring skin or flesh; (3) producing an indelible mark or figure on the human body or face by inserting a pigment under or upon the skin; or (4) permanently changing the color or other appearance of the skin. This term shall not. however, include piercing an ear with a disposable, single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear. * * * T-shirt is any garment or article of clothing which has no collar, including, but not limited to, T-shirts, sweat shirts, tank tops, shirts or scrub shirts, which are designed or intended generally to be worn on or over the chest and containing any communicative verbiage, graphics, or images imprinted or to be imprinted on the garment or article of clothing, exclusive of a garment manufacturer's mark or logo, exclusive of decorative words and information woven or dyed in the fabric by the manufacturer of the fabric. exclusive of hand stitched, needle work or embroidery, exclusive of tie-dye garments, and exclusive of hand painted or air-brushed garments that contain no communicative verbiage, graphics or images. * * * Section 2. Chapter 142 of the City Code, entitled "Zoning Districts and Regulations," at Article Ill, entitled "Overlay Districts," is hereby amended as follows: DIVISION 12 -ART DECO I MIMO COMMERCIAL CHARACTER OVERLAY DISTRICT Sec. 142-870.10. -Location and purpose. @l. There is hereby created the Art Deco I Mimo Commercial Character Overlay District (the "Overlay District"). The Overlay District consists of the properties in the South Beach Art Deco Area identified in the map below in this subsection (a) and the properties identified in the Ocean Terrace I Harding Townsite Area described in subsection (bl below. The South Beach Art Deco Area is generally located east of the western lot lines of properties fronting the west side of Collins Avenue between 5th Street to the south and 16th street to the north and west of the ocean: Page 64 of 230 Ail antic .Ocean _(Q). The Ocean Terrace I Harding Townsite Area is identified in the map below and is generally located between Harding Avenue to the west and Ocean Terrace to the east, between 73rd and 75"' Streets: Page 65 of 230 EEJEEJ a· <m •• ~·- {fl The purpose of this Overlay District is to limit the proliferation of uses which may diminish the character of historic commercial areas within the City. This Overlay District is designed based on and intended to achieve the following facts and intents: ~ Properties fronting Ocean Drive and Collins Avenue that have a zoning designation of MXE Mixed Use Entertainment are located in the Ocean Drive/Collins Avenue Historic District, as well as the Miami Beach Architectural National Register Historic District; Q,_ Properties fronting Washington Avenue that have a zoning designation of CD-2 Commercial Medium Intensity District, are located in the Flamingo Park Historic District and the Miami Beach Architectural National Register Historic District; c. Ocean Drive, Collins Avenue, and Washington Avenue are some of the premier streets in Miami Beach and provide residents and visitors with a unigue cultural. retail. and dining experience and are vital to Miami Beach's economy, especially the tourism industry; Q,_ Properties fronting Ocean Terrace and Collins Avenue between 73rd and 75th Streets are within the Harding Townsite Historic District and the North Shore National Register Historic District: e. Properties fronting Harding Avenue between 73rd and 75th Streets are within North Shore National Register Historic District; and t. The City of Miami Beach has undertaken a master planning process for the North Beach area that includes the Harding Townsite Historic District and North Shore National Register District, in order to encourage the revitalization of the area by improving cultural, retail, and dining experiences for residents and visitors to the area: Page 66 of 230 ~ Formula commercial establishments and formula restaurants are establishments with multiple locations and standardized features or a recognizable appearance. where recognition is dependent upon the repetition of the same characteristics of one store in multiple locations; h.. Formula commercial establishments and formula restaurants are increasing in number along Ocean Drive and within other historic districts: l.. The sameness of formula commercial establishments, while providing clear branding for retailers. counters the City's Vision Statement which includes creating "A Unique Urban and Historic Environment": 1 Notwithstanding the marketability of a retailer's goods or services or the visual attractiveness of the storefront, the standardized architecture, color schemes, decor and signage of many formula commercial establishments detract from the distinctive character and aesthetics of the historic districts: and k. The increase of formula commercial establishments hampers the unique cultural, retail, and dining experience in commercial and mixed-use areas of the City's historic districts; and h Specifically, the proliferation of formula commercial establishments may unduly limit or eliminate business establishment opportunities for non-traditional or unique businesses, thereby decreasing the diversity of cultural, retail, and dining services available to residents and visitors: and m. The homogenizing effect of formula commercial establishments based on its reliance on standardized branding, is greater if the size of the establishment, in number of locations or size of use or branded elements is larger; 11. The increased level of homogeneity detracts from the uniqueness of the historic districts, which thrive on a high level of interest maintained by a mix of cultural, retail, and dining experiences that are not found elsewhere in the country; Q,, Sidewalk cafes are central to the economy of Ocean Drive and enhance the pedestrian experience and historic and cosmopolitan character of the street; _p_,_ It is not the intent of the City to limit interstate commerce, but rather to maintain the historic character of neighborhoods and promote their unique cultural, retail, and dining experiences that are vital to the City's economy; g_,_ It is the intent of the City that if an establishment that has multiple locations and standardized features or a recognizable appearance seeks to locate within certain areas affected by this ordinance that such establishment provide a distinct array of merchandise, facade, decor, color scheme, uniform apparel, signs, logos, trademarks, and service marks; L. Convenience stores, pharmacy stores and eating establishments have similar impacts as formula stores: Page 67 of 230 s. Check cashing stores, pawnshops, souvenir and \-shirt shops, tattoo studios, fortune tellers (occult science establishments), massage therapy center, and package liquor stores are uses which negatively affect surrounding areas; and t. It is the intent of the City to limit the number of establishments which may negatively affect surrounding areas. Sec. 142-870.11. -Compliance with regulations. The following regulations shall apply to the Overlay District. There shall be no variances allowed from these regulations. All development regulations in the underlying zoning district and any other applicable overlay regulations shall apply. except as follows: @l The following limitations shall apply to the commercial uses listed below: ill Check cashing stores shall comply with the following regulations: £,. Such establishments shall be prohibited on lots fronting Ocean Drive and in the Ocean Terrace/Harding Townsite Area. b. In areas of the Overlay District not inciuded in subsection a. above, there shall be no more than two (2) such establishments. Such establishments shall be located no closer than 2,500 feet from any other such establishment. ill Convenience stores shall comply with the following regulations: £,. Such establishments shall be prohibited on lots fronting Ocean Drive. b. In the Ocean Terrace/Harding Townsite Area, there shall be a limit of one (1) such establishment. s;,_ In areas of the Overlay District not included in subsection a. and b. above, there shall be no more than five (5) such establishments. Such establishments shall be located no closer than 2,500 feet from any other such establishment. Ql Formula commercial establishments shall comply with the following regulations: a. Such establishments shall be prohibited on lots fronting Ocean Drive and Ocean Terrace. Q,_ This subsection shall not apply to any establishments in the South Beach Art Deco Area other than establishments fronting Ocean Drive nor to any establishment in the Ocean Terrace/Harding Townsite Area, other than Ocean Terrace. Bl. Formula restaurants shall comply with the following regulations: a. Such establishments shall be prohibited on lots fronting Ocean Drive and Ocean Terrace. Page 68 of 230 Q.,_ This subsection shall not apply to any establishments in the South Beach Art Deco Area other than establishments fronting Ocean Drive nor to any establishment in the Ocean Terrace/Harding Townsite Area, other than Ocean Terrace. ffil Massage therapy centers shall not operate between 9:00 pm and 7:00 am in the Overlay District {fil Marijuana dispensaries shall be prohibited in the Overlay District. ill Occult science establishments shall be prohibited in the Overlay District. {fil Package stores shall comply with the following regulations: .<!,, Such establishments shall be prohibited on lots in the South Beach Art Deco Area with an underlying MXE zoning designation and in the Ocean Terrace/Harding Townsite Area. Q.,_ In areas of the Overlay District not included in subsection a. above, there shall be no more than three (3) such establishments. Such establishments shall be located no closer than 2,500 feet from any other such establishment. {fil Pawnshops shall be prohibited in the Overlay District. {1Ql Pharmacy stores shall comply with the following regulations: a. Such uses shall be prohibited on lots fronting Ocean Drive. Q.,_ In the Ocean Terrace/Harding Townsite Area, there shall be a limit of one (1) such establishment. c. In areas of the overlay district not included in subsection a. and b. above. there shall be no more than five (5) such establishments. Such establishments shall be located no closer than 2,500 feet from any other such establishment. {11l Souvenir and !-shirt shops shall comply with the following regulations: .<!,, Such establishments shall be prohibited on lots fronting Ocean Drive and in the Ocean Terrace/Harding Townsite Area. Q.,_ In areas of the overlay district not included in subsection a. above, there shall be no more than five (5) such establishments. Such establishments shall be located no closer than 2,500 feet from any other such establishment. l.:1ll. Tattoo studios shall comply with the following regulations: a. Such uses shall be prohibited on lots fronting Ocean Drive and in the Ocean Terrace/Harding Townsite Area. Page 69 of 230 b. In areas of the overlay district not included in subsection a. above, there shall be no more than three (3) such establishments. Such establishments shall be located no closer than 2 500 feet from any other such establishment ilil Review procedures. ill Commercial establishments in the Overlay District that are not identified in section 142- 870.11. (a) shall comply with the following regulations: a. A signed affidavit indicating that they are not an establishment that is regulated by section 142-870.11. (a) shall be provided to the city as part of the application for obtaining a business tax receipt and building permit, as applicable. 12.,_ If the establishment is found not to be in compliance with the applicable requirements of the signed affidavit, the business tax receipt will be revoked and the establishment shall immediately cease operation. m Commercial establishments in the Overlay District that are identified in section 142- 870.11. (a) shall comply with the following regulations: a. If applicable, the applicant shall provide a signed and sealed survey dated not older than six (6) months, indicating the number, location, name, business tax receipt numbers, and separation of the applicable type of establishments within the Overlay District. Distance separation shall be measured as a straight line between the principal means of entrance of each establishment and the proposed establishment. b. Establishments existing as of the date of the enactment of this ordinance shall count towards the maximum number of such establishments permitted within section 142- 870.11(a). c. A signed affidavit indicating compliance with the regulations of section 142-870.11 (a) for the applicable type of establishment shall be provided prior to obtaining a business tax receipt. fl If the establishment is found not to be in compliance with the applicable requirements of the signed affidavit, the business tax receipt will be revoked and the establishment shall immediately cease operation. e. If a particular establishment meets more than one definition (i.e., formula commercial establishment and pharmacy store). it must meet the requirements for each use, and if there is a conflict. the more stringent code requirement prevails. * * * 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 Page 70 of 230 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 5. Severability. If any section, subsection, clause or prov1s1on 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 __ day of ________ , 2017. ATTEST: Rafael E. Granado City Clerk First Reading: June 7, 2017 Second Reading: June 28, 2017 Verified by:----------- Thomas R. Mooney, AICP Planning Director Philip Levine Mayor APPROVED AS TO FORM AND LANGUAGE ~ /) &lFOR EXECUTION ct\ ~(5-5 (Z-5 \t1 City Attar~ Date T:IAGENDA\2017\4 -April\Planning\Formula Commercial -Art Deco -MiMo Overlay District -First Reading ORD.docx Page 71 of 230 Page 72 of 230 Page 73 of 230 Page 74 of 230 Page 75 of 230 Page 76 of 230 Page 77 of 230 Page 78 of 230 Page 79 of 230 Page 80 of 230 Page 81 of 230 Page 82 of 230 Page 83 of 230 Page 84 of 230 Page 85 of 230 Page 86 of 230 Page 87 of 230 8NE NEIGHBORS THURSDAY JUNE 15 2017 MIAMIHEHALD.CDM MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING ORDINANCE AMENDING THE ART DECO I MIMO COMMERCIAL CHARACTER AND FORMULA COMMERCIAL OVERLAY DISTRICT June 28, 2017 NOTICE IS HEREBY given that a Public Hearing will be heard by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chamber, Ord Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on June 28, 2017 at 5:03 p.m., or as soon thereafter as the matter can be heard, to consider: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 114 OF THE CITY CODE, ENTITLED "GENERAL PROVISIONS," TO PROVIDE FOR DEFINITIONS FOR "CHECK CASHING STORE," CONVENIENCE STORE," "FORMULA RESTAURANT," 'FORMULA COMMERCIAL ESTABLISHMENTS," "MARIJUANA DISPENSARY," "CANNABIS DISPENSARY," "OCCULT SCIENCE ESTABLISHMENT," "PHARMACY." "SOUVENIR AND T -SHIRT SHOP," "TATTOO STUDIO," "MASSAGE THERAPY CENTER," AND RELATED DEFINITIONS; AMENDING CHAPTER 142 OF THE CITY CODE, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ATARTICLE III, ENTITLED "OVERLAY DISTRICTS," TO ESTABLISH DIVISION 12, ENTITLED ART DECO / MIMO COMMERCIAL CHARACTER OVERLAY DISTRICT," TO PROVIDE ADDITIONAL REGULATIONS FOR THE AFOREMENTIONED USES, INCLUDING DISTANCE SEPARATION REQUIREMENTS, LIMITATIONS ON NUMBER OF ESTABLISHMENTS, AND PROHIBITIONS UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. This Ordinance is being heard pursuant to Section 116 -164 of the City's Land Development Code; Section 2.05 of the City Charter and §166.041 F.S. inquiries may be directed to the Planning Department at 305.673.7550. INTERESTED PARTIES are Invited to appear at this meeting, or bo represented by an agent, or to express their views In writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1°' Floor, City Hall, Miaml Beach, Florida 33139. Thls Item is available for public inspection during normal business hours In the City Clerk's Office, 1700 Convention Center Drive, 1" Floor, City Hall, Miami Beach, Florida 33139. This item may be continued, and under such circumstances, additional legal notice need not bo provided. Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at Its meeting or Its hearing, such person must ensure that a verbatim record of the proceedings is made, which record Includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the Introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in alternate format, sign language interpreter (five -day notice required), information on access for persons with disabilities, and/or any accommodation to review any document or participate In any City - sponsored proceedings, call 305.604.2489 and select 1 for English or 2 for Spanish, then option 6; TTY users may call vla 711 (Florida Relay Service). Ad 1348 Rafael E. Granada, City Clerk City of Miami Beach Page 88 of 230 O rdinances - R5 D COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:J immy L. Morales, City Manager D ATE:J une 28, 2017 5:04 p.m. First Re ading Public He aring S UB J E C T:WORK F ORC E AN D AFFOR DABL E H OUS ING - C OMPRE H ENS IVE PL AN AMENDMENT S: AN ORDINANCE AME N D ING T HE C IT Y OF MIAMI BE AC H YE AR 2025 C OMP REHENS IVE PL AN, BY AMENDING C H APT ER 1, E N T IT L ED "F U T URE LAND US E E LE MENT;" "OBJE CT IVE 1: LAND DE VEL OPME N T R EG U LAT ION S," T O ALL OW F OR IN C R EASED D ENS IT Y WIT HIN C ERTAIN F U T URE L AN D U SE C AT E GORIES F OR T HE LIMIT E D PURP OSES OF P R OVID ING AF F ORDAB LE H OUS ING AND WOR KFORCE HOUSING P URPOS ES AND T O ALL OW FOR R ES IDE NT IAL U SE S IN T H E "PAR KIN G (P)" FUT U R E L AN D US E CAT EGORY; AMENDING CHAPT E R 3, ENT IT L ED "H OUS ING E LE MENT," T O PROVIDE INCE NT IVES FOR DEVEL OP ING WORKFO R C E AND AF F ORDAB LE HO U SIN G; C LARIF Y PO LIC IE S RE LAT ED TO WORKFORCE AN D AFFO R D ABL E HO U SIN G; AMENDING CHAP T E R 6, E N T IT L ED "C ONS ERVAT IO N/ C OAS TAL Z ONE MANAGEME N T E LE MEN T," TO AL LOW F OR DEN SIT Y INCREAS ES IN ORDE R T O INCEN T IVIZE WORK F ORCE AN D AFFORDABL E H OUS ING PROJ ECT S/CO N ST R U C T ION; PROVID ING F OR INCLUSION IN T HE C OMP REHENS IVE P LAN; T R ANSMIT TAL; R EP EAL ER; S EVERAB IL IT Y; AN D AN EFFE CT IVE DAT E. R E C O MME N D ATIO N The A dmi ni strati on recommends that the C ity C ommission approve the C omprehensive P lan A mendment at F i rst Reading, and schedule a S econd Reading P ubli c Hearing for S eptember 13, 2017. AN ALYS IS B AC K GR OU N D On January 25, 2017, the C ity C ommission held a workforce and affordable housi ng workshop. A s part of this workshop, the C ommission recommended that the following matters be referred to the L and Use and D evelopment C ommittee for di scussion and recommendation: 1. The requirements of Miami-D ade C ounty for muni cipalities to establish workforce housing action plans; and 2. A pplicable C omprehensive P lan A mendments and potential incentives, as i t pertai ns to workforce housing i n the C ity. On F ebruary 15, 2017, the L and Use C ommittee discussed these items and recommended that the followi ng amendments to the C omprehensive P lan and L and D evelopment Regulations be referred to the P lanni ng B oard: Page 89 of 230 1. A mend the C omprehensive P lan to reduce the goal of workforce and affordable units from the current 16,000 to 6,300, as well as amend applicable objectives, policies and goals related to maximum densities. 2. A mend the L and D evelopment Regulations to provide minimum and average uni t size reductions for workforce and affordable housing projects. 3. A mend the L and D evelopment Regulations to provide required off-street parki ng reductions for workforce and affordable housi ng projects. On March 1, 2017, at the request of C ommissioner J ohn A leman, the Mayor and C ity C ommission referred the subject items to P lanning B oard. There are two compani on items related to requi rements and incentives in the L and D evelopment Regulations for workforce housing and affordable housing. P L AN N IN G AN ALYS IS The C omprehensive P lan and L and D evelopment Regulations contain policies intended to encourage the development of affordable housing. However, the incentives have been li mited and have not been very successful at encouraging the development of new affordable housing units without the use of public subsidies. A dditionally, due to increases in the desirability and land values in Miami B each, there has been a loss of housi ng sui table for the workforce. This has led to much of the C i ty’s workforce having to relocate outside of the C ity, leading to increased reliance on single-occupancy vehicles and traffic congestion along the C ity’s limited access points. The proposed C omprehensive P lan amendment would further incentivize the development of workforce and affordable housi ng by providing for additional density for the construction of such units. A dditionally, the amendment ensures that other policies that apply to the development of affordable housing also apply to the development of workforce housi ng. The density increase allows the C ity to provide an 80 percent density increase beyond the underlying allowable density to be used only for workforce or affordable units. A dditional requirements and restrictions may also be placed within the L and D evelopment Regulations. The amendment also modifies the C ity’s objectives for the development of workforce and affordable housing. It is proposed that Objecti ve 1 of the Housing E lement be modified from requiring the maintenance of 16,000 affordable units by 2020 to a more attainable standard of 6,800 workforce and affordable units by 2030. D ue to limitations in floor area and the high cost of land, the C ity feels that the 6,800 number can be achieved with the proposed modifications to the C omprehensive P lan and L and D evelopment Regulations. City Charter Issues The request for modifications to the C omprehensi ve P lan is consi stent with C ity C harter S ection 1.03 (c), related to FA R, which partially states the following: The floor area ratio of any property or street end within the C ity of M iami Beach shall not be increased by zoning, transfer, or any other means from its current zone floor area ratio as it exists on the date of adoption of this Charter Amendment (N ovember 7, 2001), including any limitations on floor area ratios which are in effect by virtue of development agreements through the full term of such agreements, unless such increase in zone floor area ratio for any such property shall first be approved by a vote of the electors of the C ity of M iami Beach. W hile the proposed ordinances i ncrease the allowable density for workforce and affordable housing, increased density does not equate to increased FA R. W hile FA R results i n the amount of square footage that can be constructed, density relates to the number of units per acre that can be constructed. D ensity, therefore relates to the number and size of uni ts permitted within the allowable square footage. Page 90 of 230 Comprehensive Planning Process This application includes a proposed text amendment to P olicy 1.2 of the F uture L and Use element of the C ompressive P lan. Under S ection 163.3184(2), F.S ., this amendment shall follow the expedited state review process for adoption of comprehensi ve plan amendments. This process requires a public hearing by the local planning agency (P lanning B oard), a public transmi ttal hearing before the C ity C ommi ssion, after which the amendment must be transmitted to several state agencies for a 30-day review period, and a final adoption public hearing before the C i ty C ommission. The amendment i s effective 31 days after it is adopted if there are no appeals. Interlocal Agreement for Public School Facility P lanning The 2005 F lorida L egislature adopted laws which are incorporated in the F lorida S tatutes, requiring each local government to adopt an intergovernmental coordination element as part of their comprehensi ve plan, as well as a statutory mandate to i mplement public school concurrency. The overlay district as proposed does i ncrease the maximum residenti al density, therefore a preliminary school concurrency determination i s not necessary. F inal site plan approval of any proposed development on the site is contingent upon meeting P ublic S chool C oncurrency requirements and the applicant will be required to obtain a valid S chool C oncurrency D eterminati on C ertificate (C ertificate) issued by the Miami-D ade C ounty P ublic S chools. S uch C ertificate will state the number of seats reserved at each school level. In the event sufficient seats are not available, a proportionate share mitigati on plan shall be incorporated i nto a tri-party development agreement and duly executed prior to the i ssuance of a B uilding P ermit. P L AN N IN G B OAR D R EVIE W On May 23, 2017, the P lanning B oard discussed the item and continued it to J une 27, 2017. The P lanning B oard is scheduled to revi ew and transmit the proposed C omprehensive P lan A mendment Ordinance to the C ity C ommissi on on J une 27, 2017. The A dministration will update the C i ty C ommission on the vote of the P lanning B oard on the floor of the C ommission meeting. C O N C L U S IO N T he Administration recommends that the City Commission approve the Comprehensive Plan Amendment at First Reading, and schedule a Second Reading Public Hearing for September 13, 2017. Legislativ e Tracking Planning Sponsor Commissioner John Elizabeth Aleman AT TAC H ME N T S: Description Form Approved C P Ordinance Ad Page 91 of 230 WORKFORCE AND AFFORDABLE HOUSING - COMPREHENSIVE PLAN AMENDMENTS ORDINANCE NO. _ AN ORDINANCE AMENDING THE CITY OF MIAMI BEACH YEAR 2025 COMPREHENSIVE PLAN, BY AMENDING CHAPTER 1, ENTITLED "FUTURE LAND USE ELEMENT;" "OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS," TO ALLOW FOR INCREASED DENSITY WITHIN CERTAIN FUTURE LAND USE CATEGORIES FOR THE LIMITED PURPOSES OF PROVIDING AFFORDABLE HOUSING AND WORKFORCE HOUSING PURPOSES AND TO ALLOW FOR RESIDENTIAL USES IN THE "PARKING (P)" FUTURE LAND USE CATEGORY; AMENDING CHAPTER 3, ENTITLED "HOUSING ELEMENT," TO PROVIDE INCENTIVES FOR DEVELOPING WORKFORCE AND AFFORDABLE HOUSING; CLARIFY POLICIES RELATED TO WORKFORCE AND AFFORDABLE HOUSING; AMENDING CHAPTER 6, ENTITLED "CONSERVATION/ COASTAL ZONE MANAGEMENT ELEMENT," TO ALLOW FOR DENSITY INCREASES IN ORDER TO INCENTIVIZE WORKFORCE AND AFFORDABLE HOUSING PROJECTS/CONSTRUCTION; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; TRANSMITTAL; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City of M1am1 Beach desires to create a program to promote the construction of housing affordable to households with incomes at or below 140% of the area- wide median income; and WHEREAS, 51 percent of the City households are paying more than 30 percent of their income towards housing, and WHEREAS, 20 percent of all homeowners on Miami Beach are paying 30 percent to 49 9 percent of their household income for housing; and WHEREAS, 26 percent of all renters are paying 30 percent to 49 O percent of their household income for housing; and WHEREAS, 29 percent of all renters are paying 50 percent or more of their household income for housing; and WHEREAS, the construction of workforce housing rs intended to ( 1) allow households with incomes at or below 140% of the area-wide median income to have greater housing choices m the City; (2) increase the availability of housing m the City for public employees and other workers whose income cannot support the high cost of housing that rs located close to their workplace and who, as a result, are increasingly priced out of housing opportunities, (3) assist City employers m reducing critical labor shortages of skilled and semi- skilled workers by providing housing that will be accessible to the worker's workplaces, and (4) reduce traffic congestion by shortening commute distances for employees who work m the City but who otherwise would live elsewhere and encouraging more employees to live in the city, rather than commute in, and WHEREAS, the single most important step the City can take to make housing cost less for most people rs to change city land development regulations to allow more affordable and Page 1 of 8 Page 92 of 230 workforce housing to be built, which means mcreasmq the allowable building heights and densities, m places that are within a reasonable walking distance of transit, and WHEREAS, there are often market barriers to the construction of housing, and WHEREAS, m an effort to support both affordable, low income and workforce housing, the City seeks to increase the density limits in certain multi-family residential, mixed use, commercial, performance standard, and town center districts m order to be able to enable such housing opportunities, and WHEREAS, the City seeks to change the rules to allow new housing to be built, and the private sector will do the rest. If this de facto supply constraint rs removed, 1t should be possible to increase the supply to the point where people with average-paying Jobs can afford to buy or rent homes without public subsidy; 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. The following amendments to the City's 2025 Comprehensive Plan Future Land Use Element are hereby adopted: CHAPTER 1 FUTURE LAND USE ELEMENT OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS * * * Policy 1.2 The land development regulations which implement this Comprehensive Plan shall, at a minimum, be based on and be consistent with s. 163.3202, F S, and shall further be based on the following standards for land use category, land use intensity and land use: * * * Pursuant to the procedures and limitations of the Land Development Regulations, the maximum density of the underlying future land use category may be increased by up to 80 percent beyond the allowable density in the underlying future land use category for developments that incorporate workforce or affordable housing units The additional density may only be utilized for workforce or affordable housing units * * * Parking (P) Purpose to provide development opportunities for existing and new parking facilities. Page 2 of 8 Page 93 of 230 Uses which may be permitted; Parking facilities and commercial and residential uses when located on frontage opposite a land use category that permits commercial use. Intensity Limits Intensity may be limited by such set back, height, floor area ratio and/or other restrictions as the City Cornrrussron acting in a leqrslative capacity determines can effectuate the purpose of this land use category and otherwise implement complementary public policy However, in no case shall the intensity exceed a floor area ratio on 3 O * * * SECTION 2. The following amendments to the City's 2025 Comprehensive Plan Housing Element are hereby adopted CHAPTER 3 HOUSING ELEMENT * * * GOAL: Have available to accommodate the projected population of the City a sufficient number of housing units in an adequate variety of types, sizes, locations and cost ranges, within sound structures located in safe and appropriate neighborhoods. OBJECTIVE 1: CREATION AND/OR PRESERVATION OF AFFORDABLE HOUSING Have available a minimum of 16,000 6,800 housing units of workforce, affordable by low and moderate income households .. and special need populations during the period through 2030~. NOTE The City of M1am1 Beach does not contain rural property or farmland, thus does not have a need for rural or farm-worker housing Policy 1.1 Due to the built-out condrtrons within M1am1 Beach, continue to emphasize policies under Objectrve 5 designed to preserve and/or rehabilitate existing housing and the re-use of historical structures as housing Policy 1.2 Continue to pursue and utilize state and federal sources of funding which can be used to assist m creating and/or preserving housing affordable to workforce households, very low to moderate-income households and for special need populations, including State Housing Initiatives Partnership (SHIP), CDBG, HOME, and NSP funds. Policy 1.3 Cooperate with affordable housing developers' efforts to leverage Mrarm-Dade County Surtax funds and other ñnancral incentives for the provision of housing affordable to workforce, very low to moderate- income households, including those with special needs, m Miami Beach Policy 1.4 Direct available City and federal sources of funds toward mixed-income housing projects to avoid over-concentration of low-income housing and for the development of workforce housing Page 3 of 8 Page 94 of 230 Policy 1.5 The City's Land Development Regulations and housing activities shall be administered in accordance with Title Vill of the Civil Rights Act of 1968 (Fair Housing Act), as amended, the Florida Fair Housing Act, Chapter 760 F S., and Section 62-88 of the City of M1am1 Beach Code of Ordinances Policy 1.6 The Planning Department, which includes zoning review, will continue to streamline the housing approval and permitting process in coordination with the Buildrnq Department through the expedited processing of permits for affordable a n ci workforce housing projects This incentive gives priority to designated workforce or affordable housing projects, as defined 1n the Land Development Regulations, when scheduling Pre-Design Conferences with all relevant agencies Also, when the plans are ready for permitting, first priority rs given to them Policy 1. 7 Maintain the potable water, sanitary sewer, storm sewer, transportation, solid waste, and recreation facihtres above the level of service standards established m the City's comprehensive plan in all areas of the City so that there will be no restrictions due to inadequate infrastructure or public facilities on the location of housing for workforce, low and moderate income familles or any other category of housing Policy 1.8 Provide density increases for developments that incorporate workforce or affordable housing units pursuant to the regulations and limitations 1n the Future Land Use Element and the Land Development Regulations. * * * Policy 2.5 Encourage preventative property maintenance and rehabilitation methodologies rather than demontron m order to promote sustainability, workforce, and affordable housing through the preservation and adaptive re-use of histone structures * * * OBJECTIVE 3: ADEQUATE SITES AND DISTRIBUTION OF HOUSING FOR VERY LOW TO MODERATE-INCOME HOUSEHOLDS; AND ADEQUATE SITES FOR MOBILE AND MANUFACTURED HOMES. Maintain a minimum of 40 percent of the City's land area that rs designated so as to permit residential uses (excluding rights-of-way) and 25 percent of the City's total land area (excluding rights-of-way) as areas m which land use policies are either designed intended to encourage, or rrunqated to allow for, housing affordable to very low to moderate-income families, as well as to workforce housing familles. Conserve the City's stock of smqle-farruly houses (attached and detached) by maintaining a minimum of 35 percent of the City's total land area (excluding rights-of- way) m zoning districts that permit only single-family houses uses Maintain a minimum of 30 percent of the City's total land area (excluding rights-of-way) as areas m which manufactured housing rs permitted. Policy 3.1 The City shall mitigate zoning regulations such as reduced parking requirements or shared parking in the case of a mixed use building that impede housing affordable to workforce, and very low to moderate-income familles in all zoning districts which permit Page 4 of 8 Page 95 of 230 multifamily housing, mcludmq multifamrly residential, commercial and overlay districts and retain the new multifamily districts, e.g. TH Townhome residentral and RO Residential Office. Policy 3.2 The City's zoning map will provide that a minimum of 35 percent of the City's total land area (excluding rights-of-way) will be zoned to permit only smqle-family houses (attached and detached) recreational facihtres and municipal uses Policy 3.3 Manufactured housing will be permitted m areas designated as "Single Family Residential" on the adopted Future Land Use Map, provided they are permanently anchored, meet the minimum floor area requirements, and satisfy all other provisions contained in the City's land development regulations for areas designated as "Single Family Residential" on the Future Land Use Map Policy 3.4 Continue to prohibrt non-resrdentiaí main permitted uses in RS, single-family and RM, resrdentral multi-family zoning districts m compliance with the provrsions of s 163.3202, F. S. to prevent conversion or redevelopment of residential structures to non-residential uses Policy 3.5 Maintain the potable water, sanitary sewer, storm sewer, transportation, solid waste and recreation facilities above the level of service standards established in the Infrastructure Element of the City's Comprehensive Plan in all areas of the City so that there will be no restrictions due to inadequate infrastructure or public facilities on the location of housing for workforce, very low, to moderate-income familles, manufactured housing or any other category of housing. * * * OBJECTIVE 5: CONSERVATION, REHABILITATION OR DEMOLITION OF HOUSING, INCLUDING IDENTIFICATION OF HISTORICALLY SIGNIFICANT HOUSING The City will continue to promote preservation or rehabilitation of housing, mcludmq identrñcatron of historically significant housing and the re-use of histone structures as housing Policy 5.1 Encourage preventative property maintenance and rehabilitation methodologies rather than demolition in order to promote sustainability, workforce housing and affordable housing through the preservation and adaptive re-use of historic structures Policy 5.2 Use all available legal means to compel demolition of dilapidated structures as expeditiously as possible by complying with the Florida Building Code; the City's Minimum Housing Standards; and the Intergovernmental Coordination Element (Dade County Unsafe Structures Board). Policy 5.3 Continue the incentives in the land development regulations that apply with the provisions of s.163.3202, F. S. by encouraging the rehabilitation of residential structures to prevent the unintended loss of housing units due to deteriorated conditions. Policy 5.4 Enforce all minimum housing and structural conditions codes to prevent the unintended loss of housing units due to deteriorated conditions Policy 5.5 Continue to use state and federal funding sources such as the City's SHIP, CDBG, HOME and NSP programs for rehabilitation of residential structures. Page 5 of 8 Page 96 of 230 Policy 5.6 Cooperate with housing developers' efforts to leverage Miami-Dade County Surtax funds and other financial incentives for the rehabilitation of residentral housing affordable to workforce, very low to moderate-income households m Miami Beach by providing technical assistance as necessary Policy 5.7 Maintain the legal status of the City's National Register Histone Districts, local histone districts, and indivrdually designated histone sites and structures so that owners of designated properties can benefit from the applicable federal and local tax incentives Policy 5.8 Continue to provide incentives m the land development regulations, in compliance with s.163.3202, F S., that permit within the Histone Preservation Districts a wide selection of accessory uses in residential buildings when the building being renovated is a designated historic structure or rs a structure contributing to the Histone Preservation District Policy 5.9 Continue to provide incentives m the land development regulations, m compliance with s. 163 3202, F. S. that provide greater flexibility in meeting parking requirements tn the Historic Preservation Districts when renovating designated structures- and to provide workforce and low and moderate income housing incentives by providing greater flexibility in meeting parking requirements when associated with those uses. Policy 5.10 The City shall continue to use its guidelines and established policies to guide appropriate restoration, rehabilitation and adaptive re-use of historically designated properties Policy 5.11 The City shall continue to encourage the owners of historic single family homes to have their homes historically designated by continuing the City's local Historic Ad Valorem Tax Exemption for single family residences. Policy 5.12 The City shall continue to encourage the retention of architecturally significant single family homes built pnor to 1942 by requiring that substantial alteration or demolition of such homes shall obtain Design Review Board approval for all major new construction of subject projects. Policy 5.13 The City will provide resources available to ensure that all historically significant resrdentral structures continue to be identified OBJECTIVE 6: RELOCATION Ensure that relocation services are provided to 1 OO percent of the persons who are displaced as a result of activities funded by federal programs or due to a property being declared inhabitable Policy 6.1 The City shall comply with all provisions of the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 as amended, whenever required by federal or state law Policy 6.2 ln the event that an occupied building rs declared unfit for human habitation in accordance with the City of M1am1 Beach's Municipal º11Y._Code, the City shall enforce Section 58-362, as may be amended, to ensure residents' prompt relocation. * * * Page 6 of 8 Page 97 of 230 SECTION 3. The following amendments to the City's 2025 Comprehensive Plan Conservation/Coastal Zone Management Element are hereby adopted CHAPTER 6 CONSERVATION/COASTAL ZONE MANAGEMENT ELEMENT * * * OBJECTIVE 9: DENSITY LIMITS Direct population concentrations away from city-wide coastal high hazard area by prohibiting residential density increases, except to incent1vize workforce or affordable housing * * * POLICY9.2 The City shall approve no future land use plan map amendments that cumulatively increase residential densities, except to 1ncent1vize workforce or affordable housing. Furthermore, the City shall continue to evaluate ways to further modify the Future Land Use Map to reduce densrties and mtenslties * * * SECTION 4. REPEALER. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 5. SEVERABILITY If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such mvahdrty. SECTION 6. CODIFICATION lt is the intention of the City Commission that this Ordinance be entered into the Comprehensive Plan, and 1t rs hereby ordained that the sections of this Ordinance may be renumbered or re- lettered to accomplish such intention, and that the word "ordinance" may be changed to "section" or other appropriate word. The Exhibrts to this Ordinance shall not be codified, but shall be kept on file with this Ordinance m the City Clerk's Office SECTION 7. TRANSMITTAL. The Planning Director is hereby directed to transmit this ordinance to the appropriate state, regional and county agencies as required by applicable law Page 7 of 8 Page 98 of 230 SECTION 8. EFFECTIVE DATE. This ordinance shall take effect 31 days after the state land planning agency notifies the City that the plan amendment package is complete pursuant to Section 163.3184(3), Florida Statutes. PASSED AND ADOPTED this __ day of 2017 ATTEST: Philip Levine, Mayor Rafael Granado, City Clerk First Reading/Transmittal June 28, 2017 Second Readmq/Adoptron Ju 6, 2 Underline = new language Strikethrough = deleted language F\PLAN\$PLB\2017\6-27-17\PB 17-0117 - ORD Affordable and Workforce Comp Plan Amend\PB17-0117 - Affordable and Workforce Comp Plan Amend - PB ORD 6-27-17 docx Page 8 of 8 Page 99 of 230 THURSDAY LONE 13 201i MIAMIHERALD COM NEIGHBORS 21NE MIAMIBEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING ORDINANCE AMENDING THE WORKFORCE AND AFFORDABLE HOUSING - COMPREHENSIVE PLAN June 28, 2017 NOTICE IS HEREBY given that a Public Hearing will be heard by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chamber, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on June 28, 2017 at 5:04 p.m., or as soon thereafter as the matter can be heard, to consider: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY OF MIAMI BEACH YEAR 2025 COMPREHENSIVE PLAN, BY AMENDING CHAPTER 1, ENTITLED "FUTURE LAND USE ELEMENT;" "OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS," TO ALLOW FOR INCREASED DENSITY WITHIN CERTAIN FUTURE LAND USE CATEGORIES FOR THE LIMITED PURPOSES OF PROVIDING AFFORDABLE HOUSING AND WORKFORCE HOUSING PURPOSES AND TO ALLOW FOR RESIDENTIAL USES IN THE 'PARKING P)" FUTURE LAND USE CATEGORY; AMENDING CHAPTER 3, ENTITLED "HOUSING ELEMENT," TO ESTABLISH REQUIREMENTS AND PROVIDE INCENTIVES FOR DEVELOPING WORKFORCE AND AFFORDABLE HOUSING; CLARIFY POLICIES RELATED TO WORKFORCE AND AFFORDABLE HOUSING; AMENDING CHAPTER 6, ENTITLED "CONSERVATION /COASTAL ZONE MANAGEMENT ELEMENT," TO ALLOW FOR DENSITY INCREASES IN ORDER TO INCENTIVIZE WORKFORCE AND AFFORDABLE HOUSING PROJECTS 1 CONSTRUCTION; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; TRANSMITTAL; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. This Ordinance is being heard pursuant to Section 118-163 of the City's Land Development Code. Enquiries may be directed to the Planning Department at 305.673.7550. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. This item is available for public inspection during normal business hours in the City C'lerk's Office, 1700 Convention Center Drive, 1s Floor, City Hall, Miami Beach, Florida 33139. This item may be continued, and under such circumstances, additional legal notice need not be provided. Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City For the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in alternate format, sign language interpreter (five -day notice required), information on access for personswith disabilities and/or any accommodation to review any document or participate in any City- sponsored proceedings, call 305.604.2459 and select 1 for English or 2 for Spanish, then option 6; TTY users may call via 711 (Florida Relay Service). Ad 1349 Rafael E. Granado, City Clerk City of Miami Beach Page 100 of 230 Ordinances - R 5 E COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:J immy L. Morales, City Manager D ATE:J une 28, 2017 5:05 p.m. First Re ading Public He aring S UB J E C T:AF F ORDABL E H OUS ING UNIT S IZE AND PARK ING RE QUIREMENT S: AN O R D INANCE OF T H E MAYOR AN D CIT Y C OMMISS ION OF T HE C IT Y OF MIAMI B EACH, FL OR IDA, AM ENDIN G T HE CIT Y’S LAN D DE VEL OP MENT R EGULAT IONS; BY AMENDING CHAPT ER 58, “HOU SING,” BY E STABL IS H ING ART ICL E V, “HOUSING F OR LOW AND/OR MODE R AT E IN C OME E LDE R LY PE R SONS”; PRO VIDIN G CODIFICAT IO N; B Y AME NDING CHAP T E R 114, “GENE RAL P R OVISIONS,” AT S ECT ION 114-1, “D EFIN IT IONS,” T O E STABL IS H BY R EFE RENCE TO CHAPT ER 58, “HO U SIN G” DE F INIT IONS FOR NON- EL D ERLY AND EL D ERLY L O W AN D MODE R AT E IN C OME H OUS ING; BY AMENDING CHAP T E R 130, “OFF-ST R EE T PAR KIN G,” AT S ECT IO N 130-32, “OF F-ST REET PARKING R EQUIREME N T S FOR PARKIN G DIST R ICT NO. 1,” AN D SE C T ION 130-33, “O F F-ST R EE T PARK ING R EQ U IRE MENT S FOR PARK ING DIST R ICT S N OS. 2, 3, 4, 5, 6, AND 7.” BY AME NDING T H E PARK ING R EQUIREME N T S FO R LOW AND/OR MODE R AT E IN C OME NO N-EL D ERLY AN D EL D ERLY PERS ONS; B Y AME N D ING C H APT ER 142, “ZONIN G DIST R ICT S AN D R EGULAT IONS,” ART IC L E II, “DIST R ICT RE GUL AT IONS,” DIVISION 3, “RE SIDENT IAL MULT IFAMILY DIST R ICT S,” SUB DIVISIO N II, “R M-1 R ES IDE NT IAL MULT IFAMILY LOW INT ENSIT Y,” SUB DIVIS IO N IV, “R M-2 R ES IDE NT IAL MU LT IFAMILY, MEDIU M IN T E NSIT Y,” S U BDIVIS ION V. “R M-3 R ES IDE NT IAL M U LT IFAMILY, H IGH IN T E NSIT Y,” DIVIS IO N 4. “C D-1 C OMME RCIAL, LOW IN T E N SIT Y D IS T RIC T,” D IVISION 5. “C D-2 CO M MERCIAL, MEDIUM IN T E N SIT Y D IS T RIC T,” DIVISION 6. “C D-3 C OMME RCIAL, H IGH INT ENS IT Y D IS T RIC T,” DIVISIO N 13, “MXE MIXED U SE ENT ERTAIN MENT D IS T RICT,” D IVISION 18, “PS P ERFOR MANCE STAN D ARD DIST R ICT,” DIVIS ION 20, “T C NORT H BE AC H TOWN CENT ER D IS T RIC T S,” BY ST R IK ING ALL R EFE RENCE T O SE C T ION 142-1183 ENT IT LED "UN IT SIZ E" AND C R EAT ING N EW MIN IMUM AND AVERAGE APART ME N T UNIT SIZ ES FOR N ON-E LDE R LY AN D ELD ERLY L OW AND MO D ERAT E INCOME HOU SIN G; BY AME N D ING ART ICL E IV, “SUP PL EME N TARY DIST R ICT R EGU LAT IONS,” BY AME N D ING D IVISION 6, “HO U SIN G FO R L OW AN D/OR MODE R AT E INCOME E LDE R LY PE R SONS,” B Y ST RIK ING T HIS D IVISION; PRO VIDIN G CO D IFIC AT ION; R EP EAL ER; SE VERAB IL IT Y; AND AN EFFE C T IVE D AT E. R E C O MME N D ATIO N The Administration rec ommends that the City C ommission approve the Ordinanc e Amendment at First Reading, and schedule a Sec ond Reading Public Hearing for J uly 26, 2017. Page 101 of 230 AN ALYS IS B AC K GR OU N D On January 25, 2017, the C ity C ommission held a workforce and affordable housi ng workshop. A s part of this workshop, the C ommission recommended that the following matters be referred to the L and Use and D evelopment C ommittee for di scussion and recommendation: 1. The requirements of Miami-D ade C ounty for muni cipalities to establish workforce housing action plans; and 2. A pplicable C omprehensive P lan A mendments and potential incentives, as i t pertai ns to workforce housing i n the C ity. On F ebruary 15, 2017, the L and Use C ommittee discussed these items and recommended that the followi ng amendments to the C omprehensive P lan and L and D evelopment Regulations be referred to the P lanni ng B oard: 1. A mend the C omprehensive P lan to reduce the goal of workforce and affordable units from the current 16,000 to 6,300, as well as amend applicable objectives, policies and goals related to maximum densities. 2. A mend the L and D evelopment Regulations to provide minimum and average uni t size reductions for workforce and affordable housing projects. 3. A mend the L and D evelopment Regulations to provide required off-street parki ng reductions for workforce and affordable housi ng projects. On March 1, 2017, at the request of C ommissioner J ohn A leman, the Mayor and C ity C ommission referred the subject items to P lanning B oard. There are two companion i tems related to this item, which include a comprehensive plan amendment, as well as similar requirements and incentives in the L and D evelopment Regulations for workforce housing. P L AN N IN G AN ALYS IS The C ity C ode contains policies intended to facilitate development of affordable housing for low and/or moderate income elderly persons. The initial regulations adopted in 2008 reduced the parking requirements and the minimum average unit si ze for projects in new and rehabi litated buildings, in order to make such projects more affordable. In order to ensure that the purpose of the amendment was met, the ordinance contained specific definitions and mandatory criteria for such qualifying projects. In 2011, the C ode was further modified to extend these poli ci es to affordable housi ng projects certified for low and/or moderate income non-elderly persons. The minimum unit size was set at and 400 square feet for rehabilitated buildings and 550 square feet for new construction. C urrently, the development regulations for affordable low and/or moderate elderely and non-elderly persons is contained withi n A rti cle IV, D ivision 6, “Housing for L ow and/or Moderate Income Non-elderly and elderly persons,” of the L and D evelopment Regulations. This Ordinance proposes to relocate this to the housing division under C hapter 58, “Housing”. In order to further facilitate the construction of affordable housing, this ordi nance reduces the minimum and average unit size to 400 square feet across all zoning districts within the C ity where multifamily residenti al units are allowed. It also reduces the parki ng requirements from 0.5 to zero (0) for elderly housing, and from 1 (one) to 0.5 for low and/or moderate income non-elderly persons. It also would allow the number of affordable housing uni ts on a site with an existing building to be increased (both within an existing building, and within any new constructi on on site), with no additional parki ng requirements. City Charter Issues The request for modifications to the mi ni mum unit size requirements is consi stent with C ity C harter S ection 1.03 (c), Page 102 of 230 related to FA R, which partially states the following: The floor area ratio of any property or street end within the C ity of M iami Beach shall not be increased by zoning, transfer, or any other means from its current zone floor area ratio as it exists on the date of adoption of this Charter Amendment (N ovember 7, 2001), including any limitations on floor area ratios which are in effect by virtue of development agreements through the full term of such agreements, unless such increase in zone floor area ratio for any such property shall first be approved by a vote of the electors of the C ity of M iami Beach. W hile the proposed ordinance increase the allowable density for affordable housi ng, increased density does not equate to i ncreased FA R. W hile FA R results in the amount of square footage that can be constructed, densi ty relates to the number of units per acre that can be constructed. D ensity, therefore relates to the number and size of units permitted wi thi n the allowable square footage. P L AN N IN G B OAR D R EVIE W On May 23, 2017, the P lanning B oard discussed the item and continued it to J une 27, 2017. The P lanning B oard is scheduled to review and transmit the proposed Ordi nance to the C ity C ommission on J une 27, 2017. The A dministration will update the C ity C ommission on the vote of the P lanning B oard on the floor of the C ommissi on meeting. C O N C L U S IO N T he Administration recommends that the City Commission approve the Ordinance Amendment at First Reading, and schedule a Second Reading Public Hearing for July 26, 2017. Legislativ e Tracking Planning Sponsor Commissioner John Elizabeth Aleman AT TAC H ME N T S: Description Form Approved Ordinanc e Ad Page 103 of 230 AFFORDABLE HOUSING UNIT SIZE AND PARKING REQUIREMENTS ORDINANCE NO. _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS; BY AMENDING CHAPTER 58, "HOUSING," BY ESTABLISHING ARTICLE V, "HOUSING FOR LOW AND/OR MODERATE INCOME ELDERLY PERSONS"; PROVIDING CODIFICATION; BY AMENDING CHAPTER 114, "GENERAL PROVISIONS," AT SECTION 114-1, "DEFINITIONS," TO ESTABLISH BY REFERENCE TO CHAPTER 58, "HOUSING" DEFINITIONS FOR NON-ELDERLY AND ELDERLY LOW AND MODERATE INCOME HOUSING; BY AMENDING CHAPTER 130, "OFF- STREET PARKING," AT SECTION 130-32, "OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICT NO. 1," AND SECTION 130-33, "OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3, 4, 5, 6, AND 7." BY AMENDING THE PARKING REQUIREMENTS FOR LOW AND/OR MODERATE INCOME NON-ELDERLY AND ELDERLY PERSONS; BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE li, "DISTRICT REGULATIONS," DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS," SUBDIVISION 11, "RM-1 RESIDENTIAL MULTIFAMILY LOW INTENSITY," SUBDIVISION IV, "RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY," SUBDIVISION V. "RM-3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY," DIVISION 4. "CD-1 COMMERCIAL, LOW INTENSITY DISTRICT," DIVISION 5. "CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," DIVISION 6. "CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT," DIVISION 13, "MXE MIXED USE ENTERTAINMENT DISTRICT," DIVISION 18, "PS PERFORMANCE STANDARD DISTRICT," DIVISION 20, "TC NORTH BEACH TOWN CENTER DISTRICTS," BY STRIKING ALL REFERENCE TO SECTION 142-1183 ENTITLED "UNIT SIZE" AND CREATING NEW MINIMUM AND AVERAGE APARTMENT UNIT SIZES FOR NON-ELDERLY AND ELDERLY LOW AND MODERATE INCOME HOUSING; BY AMENDING ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS," BY AMENDING DIVISION 6, "HOUSING FOR LOW AND/OR MODERATE INCOME ELDERLY PERSONS," BY STRIKING THIS DIVISION; PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, 1t rs necessary to review development regulations from time to time and adapt those regulations to changing needs, and WHEREAS, there rs a need to further facilitate and provide for clean, secure and d1gnif1ed housing for low and/or moderate income elderly and non-elderly persons , and WHEREAS, the City seeks to increase the supply of both low-income and moderate- mcorne housing; and WHEREAS, Chapter 130 of the Land Development Regulations of the City Code contains various provisions related to off-street parking , and 1 of 21 Page 104 of 230 WHEREAS, the City proposes to eliminate requirements that mandate a minimum number of parking spaces for new housing Development, or to limit the amount of parking; and WHEREAS, there rs no good reason for the government to force the private market to produce parking spaces for every housing unit built, when there are locations with high-quality transit, which could incentive public transportation, and as such, the City seeks to set maximum parking requirements that limit how much parking each unit can have; and WHEREAS, the proposed regulations would further facilitate new construction or rehabilitated housing units for low and/or moderate income housing for elderly and non-elderly persons by reducing the parking requirements, and WHEREAS, these proposed regulations will not affect the general health, safety and welfare of the residents of the City; and NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Chapter 58, "Housing," Article V, "Housing for Low and/or moderate income non elderly and elderly persons," rs hereby established as follows· Article V. - Housing for Low and/or moderate income non elderly and elderly persons DIVISION 1. - GENERALLY Sec. 58-400. - Purpose. The purpose of this division is to create definitions and mandatory requirements for new construction or rehabilitation of housing units for low and/or moderate income elderly and non- elderly persons in order to facilitate and provide for clean, secure and d1gnif1ed housing Sec. 58-401. - Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Elderly person means a person who is at least 62 years of age. Non-elderly person 1s a person who is of legal age but less than 62 years of age. Elderly household means a one- or two-person household in which the head of the household or spouse 1s at least 62 years of age. Non-elderly household is a one- or two-person household in which the head of the household or spouse is of legal age but less than 62 years of age Housing for low and/or moderate mcome elderly 1s not homes or institutions for the aged, which are primarily assisted living facilities, convalescent or nursing homes 2 of 21 Page 105 of 230 Low mcome means households whose incomes do not exceed 50 percent of the median income for the area as determined by the U.S Department of Housing and Urban Development. Moderate income means households whose incomes are between 51 percent and 80 percent of the median income for the area as determined by the U.S Department of Housing and Urban Development. Sec. 58-403. - Mandatory criteria. Developments qualifying for the minimum and average unit size for non-elderly and elderly low and moderate income housing shall meet all of the following mandatory criteria: (1) The development shall be publicly owned or nonprofit sponsored and owned, or developed by for-profit organizations ut1liz1ng public funds. (2) The applicant shall submit written certif1cat1on from the corresponding state or federal agency in charge of the program. (3) At the time of development review, the property owner shall submit a statement of intent to construct housing for low and/or moderate income non-elderly and elderly persons 1n accordance with this section (4) A covenant running with the land restricting the use of the property for housing for low and/or moderate income non-elderly and elderly persons for a period of no less than 30 years shall be executed by the owner of the property, approved as to form and content by the city attorney, recorded 1n the public records of Miami-Dade County and shall be submitted prior to the issuance of a bu1ld1ng permit The declarations within the covenant are not severable. If a subsequent judicial determination invalidates the age restriction, or the covenant, the city shall not issue a certificate of use and occupancy for a new use until the property owner satisfies the then applicable unit size regulations under this Code (5) Should the property change from housing for low and moderate income non-elderly and elderly persons during the covenant period or thereafter, the property shall comply with all applicable development regulations ex1st1ng at the time of the proposed change, including, but not limited to, minimum and average unit sizes and parking requirements. SECTION 2. Section 114-1, "Definitions", is amended as follows * * * Non-elderly and elderly low and moderate income housing, shall be as defined in Chapter 58, Article V * * * SECTION 3. Section 130-32, "Off-street parking requirements for parking district no. 1 ", is amended as follows. Except as otherwise provided in these land development regulations, when any bu1ld1ng or structure rs erected or altered in parking district no. 1, accessory off-street parking spaces shall be provided for the building, structure or additional floor area as follows· 3 of 21 Page 106 of 230 * * * (6A) Housing for low and/or moderate income non-elderly and elderly persons, as defined in Chapter 58, Article V. For purposes of this regulation, the follmving defin1t1ons shall apply. El-der/y person shall be defined as a person who 1s at least 62 years of age Non el-der/y person is a person v.iho is of legal age but less than 62 years of age El-d-erly household means a one or t•.vo person household in ·.vhich the head of the household or spouse is at least 62 years of age !\lon elderly household means a one or two person household in which the head of the household or spouse is of legal age but less than 62 years of age Housing for the eJder!y shall not be construed as homes or institutions for the aged, which are primarily assisted living fac11it1es, convalescent or nursing homes. Low income means households whose incomes do not exceed 50 percent of the median income for the area as determined by the U.S Department of Housing and Urban Development. A4oderate income means households whose incomes are between 51 percent and 80 percent of the median income for the area as determined by the U.S. Department of Housing and Urban Development Parking requirements for housing for low and/or moderate income non elderly and elderly persons a M Zero (O) parking space per dwelling unit for elderly housing b -1---QQ The parking requirements shall be the same as spec1f1ed 1n section 130- 32 (6), above, or O 5 parking spaces per unit, whichever 1s less, per dwelling unit of 800 square feet or less for non-elderly low and/or moderate income housing Units larger than 800 square feet shall meet the required parking as provided 1n (6)a., b., and c, as applicable Notwithstanding the above, when an existing building 1s renovated and the number of units 1s increased, or when units are added on a lot with an existing building that is retained and renovated, there shall be no parking requirement for the newly constructed units, and existing buildings shall be exempt from the requirements of section 118-395 (b), Repair and/or rehabilitation of nonconforming bwldings and uses. c For the purposes of this section only, housing for low and/or moderate income non-elderly and elderly persons shall be publicly owned or nonprofit sponsored and owned, or developed by for-profit organizations d The applicant shall submit written certrñcation from the corresponding state or federal agency in charge of the program e Off street parking, pursuant to this section, shall be permitted only after a f1nd1ng by the planning director that, in v1e\.\' of the location of such housing 4 of 21 Page 107 of 230 and the economic status of ant1c1pated occupants, the proposed parking will be adequate to serve proposed occupants, visitors and employees, including ' the proposed unit size and likelihood that the occupants \Vill have a need for parking f A covenant running with the land restricting the use of the property for housing for low and/or moderate income non-elderly and elderly persons for a period of no less than 30 years shall be executed by the owner of the property, approved as to form by the city attorney, recorded in the public records of the county and shall be submitted prior to the issuance of a burldinq permit. The declarations wrthm the covenant are not severable If a subsequent Judicial determination invalidates the age restriction in this section, or the covenant, the city shall not issue a certrñcate of use and occupancy for a new use until the property owner satisfies the then applicable parking requirements under this Code The property owner may satisfy the parking requirements by actually provrdinq the addrtional parking spaces or by reducing the number of residential units. However, a property owner shall not be able to satisfy the parking requirements by the payment of a fee in heu of providing parking. At the time of development review, the property owner shall submit a statement of intent to construct housing for low and/or moderate income non-elderly and elderly persons in accordance with this section g. After approval of the decrease in parking spaces, the premises shall not be used other than as housing for the non-elderly and elderly persons unless and until any parking requirements and all other requirements or limitations of this Code for the district involved and applying to the new use shall have been met * * * SECTION 4. Section 130-33, "Off-street parking requirements for parking districts nos 2, 3, 4, 5, 6, and 7 ", is amended as follows Except as otherwise provided in these land development regulations, when any building or structure rs erected or altered m parking districts nos. 2, 3, 4 and 5 accessory off-street parking spaces shall be provided for the building, structure or addrtronal floor area as follows There shall be no off-street parking requirement for uses m this parking district except for those listed below * * * (1A) Housmg for low and/or moderate mcome non-elderly and elderly persons. as defined 1n Chapter 58, Article V of the City Code For purposes of this regulation, the following def1nit1ons shall apply Elderly person shall be defined as a person v.1ho is at least 62 years of age. Non elder!}' person is a person who is of legal age but less than 62 years of age Elderly househekl means a one or two person household in which the head of the household or spouse 1s at least 62 years of age 5 of 21 Page 108 of 230 Non elderly household means a one or tvJo person household in 'Nhich the head of the household or spouse is of legal age but less than 62 years of age. Housing for the e/.der!y shall not be construed as homes or institutions for the aged, which are primarily assisted living fac11it1es, convalescent or nursing homes Low moome means households whose incomes do not exceed 50 percent of the median income for the area as determined by the U.S Department of Housing and Urban Development. Moderate income means households whose incomes are between 51 percent and 80 percent of the median income for the area as determined by the U.S. Department of Housing and Urban Development. Parking requirements for housing for lmv and/or moderate income non elderly and elderly persons a. G-é Zero (O) parking space per dwelling unit for elderly housing. b 4-00 The parking requirements shall be the same as spec1f1ed in section 130- 32 (6) above or O 5 parking spaces per unit, whichever is less. per dwelling unit of 800 square feet or less for non-elderly low and/or moderate income housing. Units larger than 800 square feet shall meet the required parking as provided in (6)a., b., and c, as applicable Notwithstanding the above, when an existing bu1ld1ng is renovated and the number of units 1s increased, or when units are added on a lot with an existing building that 1s retained and renovated. there shall be no parking requirement for the newly constructed units. and existing buildings shall be exempt from the requirements of section 118-395 (b), Reoair and/or rehabifttat,on of nonconforming buildmgs and uses. c. For the purposes of this section only, housing for low and/or moderate income non-elderly and elderly persons shall be publicly owned or nonprofit sponsored and owned, or developed by for-profit organizations. d The applicant shall submit written certification from the corresponding state or federal agency in charge of the program. e Off street parking, pursuant to this section, shall be permitted only after a f1nd1ng by the planning director that, 1n v1e1N of the location of such housing and the economic status of anticipated occupants, the proposed parking •.vill be adequate to serve proposed occupants, v1s1tors and employees, including the proposed unit size and likelihood that the occupants will have a need for parking f. A covenant running with the land restricting the use of the property for housing for low and/or moderate income non-elderly and elderly persons for a period of no less than 30 years shall be executed by the owner of the property, approved as to form by the city attorney, recorded in the public records of the county and shall be submitted prior to the issuance of a 6 of 21 Page 109 of 230 building permit The declarations wrthm the covenant are not severable If a subsequent Judicial determination invalidates the age restriction in this section, or the covenant, the city shall not issue a certrtrcate of use and occupancy for a new use until the property owner satisfies the then applicable parking requirements under this Code The property owner may satisfy the parking requirements by actually providing the addrtronal parking spaces or by reducing the number of residentral units. However, a property owner shall not be able to satisfy the parking requirements by the payment of a fee in lieu of providrnq parking At the time of development review, the property owner shall submit a statement of intent to construct housing for low and/or moderate income non-elderly and elderly persons in accordance with this section. g After approval of the decrease in parking spaces, the premises shall not be used other than as housing for the non-elderly and elderly persons unless and until any parking requirements and all other requirements or limitations of this Code for the district involved and applying to the new use shall have been met. * * * SECTION 5. Chapter142, "Zorunq Districts and Regulations," Article li, "District Regulations," Divrsion 3, "Residentral Multifamily Districts," Subdivrsron li, "RM-1 Residential Multifamily Low Intensity" rs hereby amended as follows Sec. 142-155. Development regulations and area requirements. * * * (b) The lot area, lot width, unit size and building height requirements for the RM-1 residential rnulufarruly, low density distnct are as follows: Minimum Minimum Minimum !Average Maximum Maximum Lot Area Lot Unit Size Unit Size Buildmq Number (Square Width (Square Feet) (Square Feet) Height of Stones Feet) (Feet) (Feet) New construcnon=ôôü Non-elderly and elderly low and moderate income housing; See section 1.,..., -r a o o 400 Histone Histone distnct--40 Rehabilitated buildings--400 New constructron=êöû Flamingo Park distnct--4 Hotel units Non-elderly and elderly Local Histone Flamingo Park 15% 300-335 Local Histone 85% 335+ low and moderate income Distnct-35 Dtstnct=B 5,600 50 housing- See_sect1on 442.- (except as For contnbutmq hotel structures, located ~-400 provided in (except as 1W1thin an mdrvidual histone site, a local Rehabilitated buildings- section 142- provided in histone distnct or a national register 550 1161) section 142- drstnct, which are renovated in Otherwise- 1161) accordance with the Secretary of the 50 Otherwise=ô Interior Standards and Guidelines for the Rehabmtatron of Histone Structures as amended, retaining the existing room configuration and sizes of at least 200 square feet shall be permitted 7 of 21 Page 110 of 230 Additionally, the existing room configurations for the above described hotel structures may be modified to address applicable life-safety and accessibtlrty regulations, provided the 200 square feet minimum unit size rs maintained, and provided the maximum occupancy per hotel room does not exceed 4 persons * * * SECTION 6. Chapter142, "Zoning Distncts and Regulations," Article li, "District Regulations," Divisron 3, "Residential Multifamily Drstncts," Subdivrsron IV, "RM-2 Resrdential Mult1fam1ly, Medium Intensity" rs hereby amended as follows Sec. 142-217. -Area requirements. The area requirements in the RM-2 residential multifamily, medium intensity district are as follows Minimum Minimum Minimum Average Maximum Maximum Lot Area Lot Unit Size Unit Size Building Number (Square Width (Square Feet) (Square Feet) Height of Stones Feet) (Feet) (Feet) Histone district- Histone distnct-5 New constructron=ôôü 50 ( except as (except as Non-elderly and elderly low and provided in section provided in section moderate income nousmq See section 142-1161) 142-1161) 11 Ar, A 1 nr, -400 !Area bounded by !Area bounded by Rehabilitated buildings-400 Indian Creek Dr , Indian Creek Dr , Hotel units Collins Ave , 26th Collins Ave , 26th 15% 300-335 St , and 44th St - St , and 44th St - 85% 335+ 75 8 For contributing hotel structures, New Area fronting west !Area fronting west located within an rndivrdual histone site, constructron=ëöü side of Collins side of Alton Rd a local histone district or a national Non-elderly and Ave btwn 76th St between Arthur register district, which are renovated in elderly low and and 79th St-75 Godfrey Rd and accordance with the Secretary of the moderate income Area fronting west W 34th St-8 7,000 50 Interior Standards and Guidelines for housing-See side of Alton Rd Area fronting west he Rehabilrtatron of Histone Structures ---··-- 1 .,, 11 o o between Arthur side of Collins Ave as amended, retaining the existing ~ Godfrey Rd and btwn 76th St and room conñquratron and sizes of at least Rehabilitated W 34th St-85 79th St-8 200 square feet shall be permitted buildings-550 Otherwise=ôü Otherwise=B Addrtionally, the existing room Hotel units-N/A Lots fronting Lots fronting configurations for the above described Biscayne Bay less Biscayne Bay less hotel structures may be modified to ~han 45,000 sq han 45,000 sq address applicable life-safety and ft-100 ~-11 accessibihty regulations, provided the Lots fronting Lots fronting 200 square feet minimum unit size rs Biscayne Bay over Biscayne Bay over maintained, and provided the maximum 45,000 sq ft -140 145,000 sq ft -15 occupancy per hotel room does not Lots fronting Lots fronting exceed 4 persons Atlantic Ocean !Atlantic Ocean over 100,000 sq over 100,000 sq ~-140 ~-15 Lots fronting Lots frontina 8 of 21 Page 111 of 230 1Atlant1c Ocean 1Atlant1c Ocean with a property Ime with a property Ime w1thm 250 feet of w1thm 250 feet of North Shore Open North Shore Open Space Park Space parking Boundary-200 Boundary-21 * * * SECTION 7. Chapter142, "Zoning Districts and Regulations," Article li, "District Regulations," Division 3, "Residential Multifamily Districts," Subdivision V, "RM-3 Residennal Multifamily, High Intensity" rs hereby amended as follows Sec. 142-246. Development regulations and area requirements. * * * (b) The lot area, lot width, unit size and building height requirements for the RM-3 resrdential rnultrfarruly, low density district are as follows· Minimum Minimum Minimum Average Maximum Maximum Lot Area Lot Unit Size Unit Size Building Number (Square Width (Square Feet) (Square Feet) Height of Stones Feet) (Feet) (Feet) New construcnon=ôôö Non-elderly and elderly low and moderate meo me housing S - - - - -· - - 16 1.,,,, ••o'> -400 Rehabilitated buildmgs-400 Oceanfront Hotel units 15% 300-335 lots-22 85% 335+ 150 1Arch1tectural For contnbutmg hotel structures, dist New New construction- located within an mdrvidual histone construcnon=Süü Oceanfront lots-200 13, ground site, a local histone district or a national register district, which are Non-elderly and floor additions elderly low and (whether renovated m accordance with the moderate income ~rch1tectural dist New attached or 7,000 50 Secretary of the Interior Standards and housing-See constructron-ctzü, detached) to Guidelines for the Rehabrhtation of _ -•--- • ,1,i • • nn ground floor addmons existing Histone Structures as amended, ·- 1QQ (whether attached or structures on retammg the existing room Rehabilitated detached) to existing oceanfront configuration and sizes of at least 200 buildmgs-550 structures on oceanfront lots-5 square feet shall be permitted Hotel units-N/A lots-50 (except as (except as 1Add1t1onally, the existing room provided m section 142- provided m configurations for the above described 1161) section 142- hotel structures may be modified to 1161) address applicable life-safety and accessitnhty regulations, provided the 200 square feet minimum unit size rs mamtamed, and provided the maximum occupancy per hotel room does not exceed 4 persons 9 of 21 Page 112 of 230 * * * SECTION 8. Chapter142, "Zoning Districts and Regulations," Article li, "District Regulations," Drvisron 4, "CD-1 Commercial, Low Intensity District" rs hereby amended as follows Sec. 142-276. Development regulations The development regulations in the CD-1 commercial, low intensity district are as follows: Maximum Minimum Minimum Minimum Apartment Average Apartment Maximum Maximum Floor Lot Area Lot Width Unit Size Unit Size Butldrnq Number Area (Square (Feet) (Square Feet) (Square Feet) Height of Stones Ratio Feet) (Feet) Commercial-N/A Commercial-N/A New construction- New construction- 550 Rehabilitated 800 Commercial Commercial buildings---400 Rehabilitated -None -None Non-elderly and burldmqs=-ôôû 40 ( except as 14 (except as 1 O elderly low and Non-elderly and provided in section provided in elderly low and section 142- Resrdentral Resrdential moderate income moderate income 142-1161) 1161) -5,600 -50 housing See section housing-See I<'!:::'. ~•n., -400 •---•·-·- <A.-, <<O'> Hotel unit ·- ·- 15% 300-335 @Q 85% 335+ Hotel units-N/A * * * SECTION 9. Chapter142, "Zoning Districts and Regulations," Article li, "District Regulations," Divislon 5, "CD-2 Commercial, Medium Intensity District" is hereby amended as follows· Sec 142-306 Development regulations The development regulations in the CD-2 commercial, medium intensity district are as follows Maximum Minimum Minimum Minimum Apartment Average Apartment Maximum Maximum Floor Lot Area Lot Width Urnt Size Unit Size Building Number Area (Square (Feet) (Square Feet) (Square Feet) Height of Stones Ratio Feet) (Feet) 1 5 Commercial Commercial Commercial-N/A Commercial-N/A 5 (except as -None -None New construction- New construction- 50 (except as provided m 550 800 provided in section section 142- 10 of 21 Page 113 of 230 Residential Resrdential Rehabilitated Rehabilitated 142-1161) 1161) -7,000 -50 buildmgs-400 buildmgs-550 Non-elderly and Non-elderly and elderly low and elderly low and Self-storage Self-storage moderate income moderate income warehouse - 40 warehouse 4 housing See seet1eR housing-See ~eet, except that the ~~~·~~~ -400 --•·-- ~,t'l ~~nr, building height shall ·- Hotel unit iQ.Q be limited to 25 feet 15% 300-335 Hotel units-N/A rwithm 50 feet from 85% 335+ 1the rear property For contnbutmg hotel Ime for lots abutting structures, located an alley, and wrthm wrthm an mdrvidual 60 feet from a histone site, a local residential distnct histone distnct or a ~or blocks with no national register alley distnct, which are being renovated m Mixed-use and accordance with the Secretary of the commercial Interior Standards buildings that and Guidelines for include structured lthe Rehabihtatron of parking for Histone Structures properties on the as amended, rwest side of Alton retaining the existing Road from 6th room conñquratron Street to Collins Ishall be permitted, Canal - 60 feet provided all rooms are a minimum of 1200 square feet 1Add1t1onally, existing room conñqurations ~or the above described hotel structures may be rnodrñed to address applicable life-safety and accessibrhty regulations, provided he 200 square feet minimum unit size rs mamtamed, and provided the maximum occupancy per hotel room does not exceed 4 persons * * * SECTION 10. Chapter142, "Zoning Districts and Regulations," Article li, "District Regulations," Drvrsion 6, "CD-3 Commercial, High Intensity District" rs hereby amended as follows Sec 142-337. Development regulations and area requirements. 11 of 21 Page 114 of 230 * * * (e) The lot area, lot width, unit size and building height requirements for the CD-3 commercial, high intensity district are as follows: Minimum Minimum Minimum Apartment Average Maximum Maximum Lot Area Lot Width Unit Size Apartment Bwldmg Number (Square (Feet) (Square Feet) Unit Size Height of Stones Feet) (Square Feet) (Feet) Commercial-N/A 75 feet New construction- 550 Rehabthtated Lots wrthm the buildmgs-400 architectural district Non-elderly and 50 feet elderly low and moderate income housing See sest1eR Lots fronting on 17th 7 stones • ~~ • • o o -400 Hotel Street 80 feet unit Lots withm the 15% 300-335 85% 335+ City Center Area agricultural For contnbutmg hotel (bounded by Drexel district 5 structures, located Avenue, 16th Street, stones W1thm an mdrvidual Collins Avenue and histone site, a local the south property Lots fronting on histone district or a Ime of those lots national register Wrontmg on the south 17th Street 7 Commercial-N/A stones district, which are New side of Lincoln being renovated m construcnon=Büü Road) 1 OO feet Commercial Commercial accordance with the Rehabilitated City Center -None -None Secretary of the buildmgs-550 Area (bounded Interior Standards and Notwithstanding the Guidelines for the Non-elderly and Woregomg by Drexel Rehabihtatron of elderly low and requirement for City Avenue, 16th Resrdential Residennal moderate income Street, Collins -7,000 -50 Histone Structures as housing-See Center Area, the Avenue and the amended, retaining < ,t'} < < nn following additronal south property he existing room ~ shall apply Ime of those lots configuration shall be Hotel units-N/A ~ranting on the permitted, provided all The height for lots south side of rooms are a minimum Lincoln Road) of 200 square feet fronting on Lincoln 11 stones, Addrnonally, existing Road and 16th subject to the room conñquratrons Street between applicable for the above Drexel Avenue and described hotel Washington Avenue height structures may be are limited to 50 feet restrictions (except as modified to address for the first 50' of lot provided m applicable life-safety depth section 142- and accessíbrhty 1161) regulations, provided ~he 200 square feet The height for lots minimum unit size rs Wrontmg on Drexel mamtamed, and lAvenue ts hrmted to provided the 50 feet for the first maximum occupancy 25' of lot depth per hotel room does (except as provided not exceed 4 persons m section 142-1161) 12 of 21 Page 115 of 230 * * * SECTION 11. Chapter142, "Zoning Districts and Regulations," Article li, "District Regulations," Divisron 13, "MXE Mixed Use Entertainment District," rs hereby amended as follows Sec 142-545. Development regulations. The development regulations in the MXE mixed use entertainment district are as follows: Maximum Minimum Mirurnum M1mmum Apartment Average Apartment Maximum Maximum Floor Lot Area Lot Width Umt Size Umt Size Building Number Area (Square (Feet) (Square Feet) (Square Feet) Height of Stones Ratio Feet) (Feet) Existing structures Apartment umts- 400 Exrstmq structures Architectural All Non-elderlv and Apartment umts- 1Arch1tectural district uses- elderlv low and 550 district Oceanfront-16 20 moderate income Hotel umts-N/A Oceanfront-150 Non- Except housinn--400 New construction Non-oceanfront- oceanfront-5 conventio Hotel umts=-m a Apartment umts- 50 ( except as (except as n hotel N/A N/A local histone 800 provided in section provided in developm d1stnct/s1te-200 Hotel umts-N/A 142-1161) section 142- ent(as Otherwise IAll other areas-75 1161) set forth 15% 300-335 (except as provided IAll other areas- in section 85% 335+ Non-elderlv and in section 142- 8 (except as 142- New construction elderlv low and 1161) provided in 8.d.1)-3 5 Apartment umts- moderate income section 142- 550 housina--400 1161) Hotel umts 15% 300-335 85% 335+ * * * SECTION 12. Chapter142, "Zoning Districts and Regulations," Article li, "District Regulations," Drvrsion 18, "PS Performance Standard District," is hereby amended as follows Sec. 142-696 Residential Performance Standard Area Requirements. The residential performance standard area requirements are as follows I I Residential Subdistricts Performance Standard R-PS1 R-PS2 R-PS3 R-PS4 Minimum lot area 5,750 square feet 5,750 square feet 5,750 square feet 5,750 square feet 13 of 21 Page 116 of 230 . - Mi n, m--;;;;.-lot -;;;d~h -r-· sO fe-;, - - i - S(i fee,- -- so· t;e~- ¡ - -- 50 fe~i" - - ¡Required open spa~.60, See section 0.65, See section 0.70, See section í 0.70, See section I ratio I 142-704 142-704 142-704 I 142-704 ---~--=~== ~~~ ~ ~- WMVMW.,W,,,.~ = "'-' -'""'-"" ---.,.,~--~--- --- - 45 feet Lots 50 feet wide or less-40 feet 45 feet Lots 50 feet wide or less-40 feet 50 feet Lots 50 feet wide or less-40 feet Nonoceanfront-80 feet; Oceanfront-100 feet; Lots 50 feet wide or less-40 feet Nonocea nfront-8 Oceanfront-11 5 Lots 50 feet wide or Lots 50 feet wide less-4 .,,,, __ ~~ ~~~~~ - ---~'"' ......... ~-- - "'""""""""'m•-··-• Maximum floor area 1.25 1.50 1.75 2.0 ratio --~----- - ---- New construction- New New Minimum floor area New construction- 700 construction- construction- 550 per apartment unit Rehabilitated 650 600 Rehabilitated (square feet}; eiEcept buildings-400 Rehabilitated Rehabilitated as pFeviåeå IA sectieA buildings-400 buildings-400 buildings-400 142 1183 feF elåerly Non-elderly and Non-elderly and aAå le•N aAå meåeFate elderly low and Non-elderly and Non-elderly and elderly low and iArnme ASA elåeFly moderate income elderly low and elderly low and moderate income heusiAg housing-400. moderate income moderate income housing-400. housing-400. housing-400. 14 of 21 ln the Ocean Beach Historic District- 7 Maximum building height" -- -~-- ,,,_ ---~~--- ------='"'"'"" - ,.,.,,._.._ ----- --- - Minimum average New New New New construction- floor area per construction- construction- construction- 800 apartment unit (square 900 900 850 Rehabilitated feet}¡ except as Rehabilitated Rehabilitated Rehabilitated buildings-550 prnv1åeå iA sectieA buildings-550 buildings-550 buildmgs-550 Non-elderly and 142 1183 feF elåCFly Non-elderly and Non-elderly and Non-elderly and elderly low and ~-~~------ -~ =~~-- - . --=~ -- ~ ~-'-" --= 5 5 Lots 50 feet wide Lots 50 feet wide or less-4 or less-4 Maximum number of stories or less-4 Page 117 of 230 and low and moderate elderly low and elderly low and elderly low and moderate income income non elderly moderate income moderate income moderate income housing-400. housing housing-400 housing-400. housing-400. ----~~~~- aw>m=~~~ - - """"""""""'~ -- - -~--"" ~ -- - == """"~ ~~- - "'""~"""" ....... -w --- 15% = 300-335 15% = 300-335 Minimum floor area square feet square feet per hotel unit (square N/A N/A 85% = 335+ 85% = 335+ square feet) square feet feet - - M ¡;;¡;;;;;-~ ~;;;k; ng- -¡-~- P;;-rsu_~~;-;:~ ~¡;;,;.;; 130 and- s~i;;;,-142- 705 '" ~ i,._.;,-;,,, _ - Minimum off-street¡ Pursuant to chapter 130, article Ill. loading r - ----. --------r- - - - -- ----· ----------- - ---· ·- - Signs Pursuant to chapter 138. ,- Suit::._t_el---~ Pursuant to article IV, division 3 of this chapter. ------ -----. - --------- - * * * Sec 142-698 - Commercial performance standard area requirements. (b) The commercial performance standard area requirements are as follows ¡---,-- Performan~T T-·. --- - - C-PS1 C-PS2 Standard - Mi~;;u~ -~t 1~000 s~are 1:.:¡ 6,000 squar~~.-t·· ·"-·----6-,0·-oo square feet area Commercial Subdistricts 150 C-PS3 C-PS4 square feet Minimum 'l 1~-f---- 50 feet 50 eet width -- - "'~~~ --- 40 feet; 75 feet for 50 feet-East of the Block 51 50 feet 50 feet Maximum Non-oceanfront-80 feet Oceanfront-100 feet Lenox Avenue 75 feet-West of building height Properties, the Block 51 Swap Property, Block 52 Lenox Avenue 15 of 21 Page 118 of 230 - - -- - - ---Î8~:::;:~:~:,~~ es 1 --.....+--- - - - -- - 4; 8 for the Block 51 Properties, the 5-East of Lenox Maximum Block 51 Swap Avenue number of Property, Block 52 7-West of Lenox stories Properties; Block 1 Avenue Properties Non-oceanfront-8 Oceanfront-11 16 1.0; 1.5 for the Block 51 Maximum Properties and floor area Block 52 2.0 2.5 2.5 ratio Properties, and 2.0 for the Block 1 Properties =~~=--- ---~""'"'"'-~---= Pursuant to all R-PS4 district regulations except maximum floor area ratio Pursuant to all R- Pursuant to all R- shall be 2.5; on the Pursuant to all R- PS2 district PS3 district Goodman Terrace and PS4 district regulations, regulations, Hinson Parcels, the FAR regulations, except Residential except maximum except maximum shall be that necessary to maximum floor and/or hotel building height for building height for achieve 305,500 sq. ft. area ratio shall be development residential and residential and (estimated at 3.2 FAR), 30 2.5, and open mixed use mixed use stories and 300 ft. height space ratio 0.60 buildings shall be buildings shall be maximum for the measured at or 75 feet 75 feet Goodman Terrace and above grade Hinson Parcels, and open space ratio 0.60 measured at or above grade ~~-~-~ -- --- New New New construction-550 New Minimum construction-650 construction-600 Rehabilitated buildings- construction-550 apartment Rehabilitated Rehabilitated 400 Rehabilitated unit size buildings-400 buildings-400 Non-elderly and elderly buildmgs-400 (square feet) low and moderate income Non-elderly and Non-elderly and Non-elderly and elderly low and elderly low and housing-400. elderly low and ----- 16 of 21 Page 119 of 230 -- -r - - - - ~- --~ ~- ..... ~ -- o., -""""'"--mw- --- ------- moderate income moderate income moderate income housing-400. housing-400. housing-400. -- ----- -- -- - ----- ------- New New New construction-900 construction-850 New construction-800 constructron+Bûü Average Rehabilitated Rehabilitated Rehabilitated buildings- Rehabilitated apartment buildings-550 buildings-550 550 buildings-550 unit size Non-elderly and Non-elderly and Non-elderly and elderly Non-elderly and (square feet) elderly low and elderly low and low and moderate income elderly low and moderate income moderate income housing-400. moderate income housing-400. housing-400. housing-400. Minimum floor area per hotel unit 15% = 300-335 square feet; 85% = 335 + square feet in all districts. (square feet) * * * Sec. 142-701. - Residential limited mixed use performance standards. Residential limited mixed use performance standards shall be as follows: ·---- - - - ---"'""" _ Mixed Subdistricts Performance Standard RM-PS1 Minimum site area 120,000 Minimum site width 350 feet Required open space ratio 0.60 Maximum building height above ground or above enclosed parking Maximum number of stories 6 stories above ground or above enclosed parking ------------ -------- --------·------ - -----·----' 17 of 21 Page 120 of 230 Minimum floor area per apartment unit {square feet) 1.5 ------- 600 Non-elderly and elderly low and moderate income housing-400. SECTION 13. Chapter142, "Zoning Districts and Regulations," Article li, "District Regulations," Division 20, "TC North Beach Town Center Districts," rs hereby amended as follows: Minimum average floor area per apartment unit (square feet) Minimum floor area per hotel unit (square feet) 1,000 Non-elderly and elderly low and moderate income housing-400. N/A (a) The development regulations in the TC-1, TC-2 and TC-3 town center districts are as follows: Minimum parking Minimum off-street loading Signs Suites hotel * Sec. 142-737. - Development regulations. -----~- - - ~--M-in-im-u~ Lit Mi~;;;, um Lot District Area Width Commercial- ¡ Commercial- None None - --""""""--~ ""~--~~-m~~ TC-1 Town Center Core Residential- 50 feet TC-2 Town Center Mixed- use Residential- 6,250 sq. ft. 1 Pur~~ant to chapter 130 and ~~b~ectio~ 142-706{tj requirement herein - ----~ m °""-."""~-------'"""""""'......._ ""'"' """'-- ,..~~~ ,,_..,w_ Pursuant to chapter 130, article IV Pursuant to chapter 138 N/A * * Commercial-N/A Commercial-N/A New constructron=Sêû New Construction-800 18 of 21 Page 121 of 230 Rehabilitated building- Rehabilitated building- 400 No minimum EIEler:l1,• l:le~sing See Sectien 142 1183 EIEler:lv l:le~sing See TC-3 Town sectien 142 1183 -Non-elderly and elderly Center low and moderate -Non-elderly and elderly Residential low and moderate Office income housing-400. income housing-400. Hotel units 15%: 300-335 Hotel units-N/A 85%: 335+ SECTION 14. Chapter142, "Zoning Districts and Regulations," Article IV, "Supplementary District Regulations," Divisron 6, "Housing for low and/or moderate income non-elderly and elderly persons," rs hereby amended as follows: DIVISION 6. HOUSING FOR LO'."·' AND/OR MODERATE INCOME NON ELDERLY AND ELDERLY PERSONS Sec. 142-1181 -142-1184. Reserved. Sec. 142 1181. Purpose. The purpose of this division 1s to create definitions and mandatory requirements for nev.i construction or rehabilitation of housing units for low and/or moderate income elderly and non elderly persons 1n order to facilitate and provide for clean, secure and d1gnif1ed housing. Sec. 142 1182. Definitions. The follo•Ning words, terms and phrases, 1Nhen used 1n this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning Elderly person means a person 1Nho 1s at least 62 years of age Non elderly person 1s a person who is of legal age but less than 62 years of age Elderly househo.ld means a one or two person household 1n 1Nhich the head of the household or spouse is at least 62 years of age. 19 of 21 Page 122 of 230 Non elderly household 1s a one or two person household 1n which the head of the household or spouse is of legal age but less than 62 years of age. Housing for low and/or moderate mcome elderly 1s not homes or institutions for the aged, \Vhich are primarily assisted living fac11it1es, convalescent or nursing homes. Lov,r .income means households whose incomes do not exceed 50 percent of the median income for the area as determined by the U S Department of Housing and Urban Development. Moderate income means households whose incomes are between 51 percent and 80 percent of the median income for the area as determined by the U.S Department of Housing and Urban Development. Sec. 142 1183. Unit size. The minimum and average unit size for new construction for low and/or moderate income non elderly and elderly housing meeting the mandatory criteria of section 142 1184 shall be 550 square feet in all multifamily and commercial districts The minimum and average unit size for rehabilitated bu1ld1ngs for this type of development shall be 400 square feet in all multifamily and commercial districts Nonconforming buildings shall comply 1.vith the regulations set forth 1n section 118 395, Repair and/or renovation of nonconforming buildings and uses, with the exception of unit size, 1Nh1ch shall be governed by this section Sec. 142 1184. Mandatory criteria. Developments qualifying for the minimum and average unit size under this d1vis1on shall meet all of the following mandatory criteria (1) The development shall be publicly owned or nonprofit sponsored and owned, or developed by for profit organizations utilizing public funds. (2) The applicant shall submit written certification from the corresponding state or federal agency 1n charge of the program (3) At the time of development review, the property owner shall submit a statement of intent to construct housing for low and/or moderate income non elderly and elderly persons 1n accordance with this section (4) A covenant running \V1th the land restricting the use of the property for housing for low and/or moderate income non elderly and elderly persons for a period of no less than 30 years shall be executed by the ovmer of the property, approved as to form and content by the city attorney, recorded 1n the public records of M1am1 Dade County and shall be submitted prior to the issuance of a building permit The declarations within the covenant are not severable If a subsequent judicial determination invalidates the age restriction, or the covenant, the city shall not issue a certificate of use and occupancy for a new use until the property 011mer satisfies the then applicable unit size regulations under this Code (5) Should the property change from housing for low and moderate income non elderly and elderly persons during the covenant period or thereafter, the property shall comply with all applicable development regulations existing at the time of the proposed change, including, but not limited to, minimum and average unit sizes and parking requirements. 20 of 21 Page 123 of 230 SECTION 15. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith are hereby repealed SECTION 16. CODIFICATION. lt rs 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 M1am1 Beach, as amended, that the sections of this Ordinance may be re-numbered or re-lettered to accomplish such mtentron; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 17. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance rs held invalid, the remainder shall not be affected by such mvalidrty SECTION 18. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED this __ day of , 2017. ATTEST: Philip Levine, Mayor Rafael E Granado, City Clerk First Reading. June 28, 2017 Second Reading: July 26, 2017 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~~~·7 Verified By: Thomas R. Mooney, AIC Planning Director T \AGENDA\2017\6 - June'Planrunq June 28\AFFORDABLE HOUSING Parking and Unit Size - First Reading ORD docx 21 of 21 Page 124 of 230 TN RSOM JUNE 61017 MIAMIHERALDCOM NEIGHBORS 21NE MIAMI BEAC 1 CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING ORDINANCE AMENDING THE AFFORDABLE HOUSING LAND DEVELOPMENT REGULATIONS AND THE CITY CODE June 28, 2017 NOTICE 15 HEREBY given that a Public Hearing vnll be heard by the Mayor and Cily Commission of the City of Miami Roach, Florida, in the Conmission Chamber, 3rd Floor, City Hall, 1700 Convontion Cantor Driva, Miami Beach, Florida, on June 26, 2017 al 5:05 p.m., or as soon Ihoreattcr as the matlor can bo hoard, to consider: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS: BY AMENDING CHAPTER 58, "HOUSING," BY ESTABLISHING ARTICLE V, "HOUSING FOR LOW AND/OR MODERATE INCOME ELDERLY PERSONS "; PROVIDING CODIFICATION; BY AMENDING CHAPTER 114, "GENERAL PROVISIONS," AT SECTION 114 -1, DEFINITIONS," TO ESTABLISH BY REFERENCE TO CHAPTER 58, "HOUSING" DEFINITIONS FOR NON - ELDERLY AND ELDERLY LOW AND MODERATE INCOME HOUSING; BY AMENDING CHAPTER 130, `OFF - STREET PARKING," AT SECTION 13032, "OFF- STREET PARKING REQUIREMENTS FOR PARKING DISTRICT NO. 1," AND SECTION 130 -33, "OFF- STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3, 4, 5, 6, AND 7." BY AMENDING THE PARKING REQUIREMENTS FOR LOW AND /OR MODERATE INCOME NON - ELDERLY AND ELDERLY PERSONS; BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS," SUBDIVISION If "RM-1 RESIDENTIAL MULTIFAMILY LOW INTENSITY.' SUBDIVISION IV, "RM- 2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSIFY," SUBDIVISION V. "RM -3 RESIDENTIAL MULTIFAMILY, . HIGH INTENSITY, " DIVISION 4. "CD -1 COMMERCIAL, LOW INTENSITY DISTRICT," DIVISION 6. "CD- 2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," DIVISION 8. "CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT," DIVISION 13, "MXE MIXED USE ENTERTAINMENT DISTRICT," DIVISION 18, "PS PERFORMANCE STANDARD DISTRICT,' DIVISION 20, "TC NORTH BEACH TOWN CENTER DISTRICTS," BY STRIKING ALL REFERENCE TO SECTION 142 -1183 ENTITLED "'UNIT SIZE" AND CREATING NEW MINIMUM AND AVERAGE APARTMENT UNIT SIZES FOR NON - ELDERLY AND ELDERLY LOW AND MODERATE INCOME HOUSING; BY AMENDING ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS," BY AMENDING DIVISION 6, HOUSING FOR LOW AND /OR MODERATE INCOME ELDERLY PERSONS," BY STRIKING THIS DIVISION; PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE This Ordinance is being heard pursuant to Section 118 -184 of the City's Land Development Coda; Section 2.05 of the Cily Charter and §168.041 F.S. Inquiries may be directed to the Planning Department al 305.873.7550. INTERESTED PARTIES are invited lo appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1" Floor, City Hall, Miami Roach, Florida 33139. This itom is available for public inspection during normal business hours in tho City Clork's Offico, 1700 Convontion Center Drivo, 1" Floor, City Hall, Miami Roach, Florida 33139. This item may bo continuod, and undor such circumstances, additional legal notice need not bo providod. Pursuant lo Section 286.0105, Fla. Slat, tho City horoby advises tho public that If a person docidos to appeal any docision made by tho Cily Commission with rospoct to any matter considorod at its mooting or its hoaring, such person must ensure that a verbatim record c1 the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of othorwiso inadmissible or irrolevanl ovidenco, nor doos i1 authorize challonges or appoals not otherwise allowed by law. To request this matorial in altornato format, sign language interpreter (fivo-day notice requirod), information on across for porsons with disabilities, and/or any accommodation to roviow any document or parlcipalo in any Cily-sponsored proceedings, call 305.604.2489 and select I for English or 2 for Spanish, then option 6; TTY users may call via 711 (Florida Relay Service) Ad 1350 Rafael E Granada, City Clerk City of MlamI Beach Page 125 of 230 O rdinances - R5 F COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:J immy L. Morales, City Manager D ATE:J une 28, 2017 5:06 p.m. First Re ading Public He aring S UB J E C T:WORK F ORC E H OUS ING PAR KING AN D UNIT S IZE RE QUIREMENT S: AN O R D INANCE OF T H E MAYOR AN D CIT Y C OMMISS ION OF T HE C IT Y OF MIAMI BE ACH, FL ORIDA, AMEN D ING SUB PART A – GE N ERAL O R D INANCE S, OF T HE CIT Y CODE, B Y AM ENDIN G CH APT ER 58 “HOU SING”, BY C R EAT ING ART ICL E VI, ENT IT LE D “WORK F ORCE HO U SIN G;” S ECT IONS 58-500 T HROUGH 58-510; PRO VIDIN G FOR DE F INIT IONS AN D INCENT IVE S TO PROVIDE WO R KFO R C E HOUSING; E LIGIBILIT Y FOR T ENANCY, ENFORCEM ENT, AND P ENALT IES; BY AME N D ING CHAP T E R 130, “OF F- ST R EE T PARK ING,” AT SE CT ION 130-32, “O F F-ST R EE T PARK ING R EQUIREME N T S F OR PAR KIN G DIST R ICT NO. 1,” AN D SE C T ION 130-33, “OF F- ST R EE T PARK ING RE QUIR EME NT S FOR PARK ING DIST RICT S NO S. 2, 3, 4, 5, 6, AN D 7.” BY E STABL ISHIN G PAR KIN G RE QUIREMENT S FO R WORK F ORCE H OUS ING UNIT S; B Y AME N D ING C H APT ER 142, “ZONIN G DIST R ICT S AN D R EGULAT IONS,” ART IC L E II, “DIST R ICT RE GUL AT IONS,” DIVISION 3, “RE SIDENT IAL MULT IFAMILY DIST R ICT S,” SUB DIVISIO N II, “R M-1 R ES IDE NT IAL MULT IFAMILY LOW INT ENSIT Y,” SUB DIVIS IO N IV, “R M-2 R ES IDE NT IAL MU LT IFAMILY, MEDIU M IN T E NSIT Y,” S U BDIVIS ION V. “R M-3 R ES IDE NT IAL M U LT IFAMILY, H IGH IN T E NSIT Y,” DIVIS IO N 4. “C D-1 C OMME RCIAL, LOW IN T E N SIT Y D IS T RIC T,” D IVISION 5. “C D-2 CO M MERCIAL, MEDIUM IN T E N SIT Y D IS T RIC T,” DIVISION 6. “C D-3 C OMME RCIAL, H IGH INT ENS IT Y D IS T RIC T,” DIVISIO N 13, “MXE MIXED U SE ENT ERTAIN MENT D IS T RICT,” D IVISION 18, “PS P ERFOR MANCE STAN D ARD DIST R ICT,” DIVIS ION 20, “T C NORT H BE AC H TOWN CENT ER D IS T RIC T S,” BY C R EAT ING NE W MINIMUM AND AVE R AGE APART M ENT U N IT SIZ ES FOR WORK F ORCE H OUS ING UN IT S; P R OVID ING CODIF ICAT IO N; R EP EAL ER; SE VERAB IL IT Y; AN D AN EF FE C T IVE D AT E. R E C O MME N D ATIO N The A dministration recommends that the C ity C ommi ssion approve the Ordinance A mendment at F irst Readi ng, and schedule a S econd Reading P ublic Hearing for J uly 26, 2017. AN ALYS IS B AC K GR OU N D On January 25, 2017, the C ity C ommission held a workforce and affordable housi ng workshop. A s part of this workshop, the C ommission recommended that the following matters be referred to the L and Use and D evelopment C ommittee for di scussion and recommendation: Page 126 of 230 1. The requirements of Miami-D ade C ounty for muni cipalities to establish workforce housing action plans; and 2. A pplicable C omprehensive P lan A mendments and potential incentives, as i t pertai ns to workforce housing i n the C ity. On F ebruary 15, 2017, the L and Use C ommittee discussed these items and recommended that the followi ng amendments to the C omprehensive P lan and L and D evelopment Regulations be referred to the P lanni ng B oard: 1. A mend the C omprehensive P lan to reduce the goal of workforce and affordable units from the current 16,000 to 6,300, as well as amend applicable objectives, policies and goals related to maximum densities. 2. A mend the L and D evelopment Regulations to provide minimum and average uni t size reductions for workforce and affordable housing projects. 3. A mend the L and D evelopment Regulations to provide required off-street parki ng reductions for workforce and affordable housi ng projects. On March 1, 2017, at the request of C ommissioner J ohn A leman, the Mayor and C ity C ommission referred the subject items to P lanning B oard. There are two companion i tems related to this item, which includes a comprehensive plan amendment, as well as similar requirements and incentives in the L and D evelopment Regulations for affordable housing. P L AN N IN G AN ALYS IS Purpose: The proposed Ordi nance would establish D ivision V I, “Workforce Housing”, within C hapter 58, “Housing,” of the C i ty C ode wi th the stated purpose: The purpose of this chapter is to enhance the public welfare by ensuring that the housing needs of the city are addressed. The city finds that there is a critical shortage of affordable and workforce housing, making resi dency on Miami B each by the majority of city resident workers extremely di ffi cult, and creating a shortage of affordable rental units. The resident workforce is leaving the city in search of affordable housing, and new employees are bei ng deterred by the high cost of li ving. To maintain a sufficient resident workforce in all fields of employment, and to ensure the public safety and general welfare of the residents of the C ity, resident workforce housing needs must be addressed. It is the intent of this division to encourage the provision and maintenance of residential workforce housing units, for rental, to meet the needs of income-quali fi ed households for city employees, the general workforce i n the city, and students. Definitions: The following defi ni ti ons will be established as part of the program’s implementati on: Area median income means the median income level for the Miami-D ade C ounty Metropolitan S tatistical A rea, as established and defined in the annual schedule published by the S ecretary of the U.S . D epartment of Housing and Urban D evelopment, and adjusted for household si ze. Certificate of qualification means a certificate issued by the ci ty administration establishing a qualified household's eligibility to purchase or rent a workforce housing unit. C erti ficates of qualificati on shall be valid for 12 months. The certification cri teri a shall be set forth below. Control period means each 20-year period during which the affordability restrictions i mposed by thi s division shall apply. The control period begins at the time of any sale or resale of the affected unit. Covered development means all developments provi ding workforce housing units pursuant to this division. Department means the city’s department of housing, or any successor department. Page 127 of 230 Developer means any person, firm, corporati on, partnership, limited liabili ty company, associ ation, joint venture, or any entity or combination of entities that apply for development orders or permits for residenti al dwelling units for workforce housi ng purposes as defined in this divi si on. Eligible household means, subject to the provisions of this division, a household whose total income is between 65 and 140 percent of area median income. Eligible household income means any income deri ved from any proposed occupants of a workforce housing unit who are 18 years of age or older and who will use the workforce housing unit as thei r primary residence. Household means any natural person who occupi es a workforce housing unit as hi s or her primary residence. Market rate dwelling units means all dwelling units in a covered development that are not workforce housing units as defined herein. Qualified household means an eligible household that has received a certificate of qualificati on from the department. Workforce housing unit rent or workforce housing unit rent means rents that do not exceed the maximum monthly rent limits as determined for Miami -D ade C ounty by the U.S . D epartment of Housi ng and Urban D evelopment i n its annual income li mits and rent limits and as used by F lorida Housing F i nance C orporation for i ts multifamily rental programs (publi shed annually at http://www.floridahousi ng.org), and established at 65% up to 140% of the medi an family income. W hile many city’s provide an FA R bonus for projects that include affordable or workforce housing units, because the C ity C harter requires voter approval for the increase of FA R on a site by any means, such i ncentive cannot be provided without a public referendum. A developer, who chooses to take advantage of reduced unit size and parking requirements, would be required to enter into a resi dential workforce housing agreement with the C ity. A lthough the C ity would set the rental price for workforce housing units, it would be the responsibility of the developer to offer and manage the rental process and provide to the C i ty, on an annual basis, documentation that establishes compliance wi th the Ordinance. The ordi nance requires that workforce housing uni ts that are created remain as such for a period of 20 years, and establishes eligibility controls, affordability controls, and enforcement provisions as outlined in the attached Ordinance. Parking and Unit S ize: In order to further facilitate the construction of workforce housing, and encourage it even when not requi red, this ordinance also amends the minimum and average unit size to 400 square feet across all zoning districts within the C ity where multifamily residential units are allowed. It also reduces the parking requirements i n C hapter 130 of the C ity C ode to 0.5 for workforce housing uni ts. F urther, it allows workforce housing units to be established on a si te with an existing building without providing parking for the existing or additional units. C urrently the number of uni ts in a building in general cannot be i ncreased without provi ding on-site parking. The ordinance would also allow the new construction of workforce housing units on a site with an existing building, without providing any parking. This may encourage smaller i n-fill construction of workforce housing uni ts on existing bui ldi ng sites that cannot otherwi se provide required off-street parking. City Charter Issues The request for modifications to the mi ni mum unit size requirements is consi stent with C ity C harter S ection 1.03 (c), related to FA R, which partially states the following: Page 128 of 230 The floor area ratio of any property or street end within the C ity of M iami Beach shall not be increased by zoning, transfer, or any other means from its current zone floor area ratio as it exists on the date of adoption of this Charter Amendment (N ovember 7, 2001), including any limitations on floor area ratios which are in effect by virtue of development agreements through the full term of such agreements, unless such increase in zone floor area ratio for any such property shall first be approved by a vote of the electors of the C ity of M iami Beach. W hile the proposed ordinance increase the allowable density for affordable housi ng, increased density does not equate to i ncreased FA R. W hile FA R results in the amount of square footage that can be constructed, densi ty relates to the number of units per acre that can be constructed. D ensity, therefore relates to the number and size of units permitted wi thi n the allowable square footage. P L AN N IN G B OAR D R EVIE W On May 23, 2017, the P lanning B oard discussed the item and continued it to J une 27, 2017. The P lanning B oard is scheduled to review and transmit the proposed Ordi nance to the C ity C ommission on J une 27, 2017. The A dministration will update the C ity C ommission on the vote of the P lanning B oard on the floor of the C ommissi on meeting. C O N C L U S IO N The A dministration recommends that the C ity C ommission approve the Ordinance A mendment at F irst Readi ng, and schedule a S econd Reading P ublic Hearing for J uly 26, 2017. Legislativ e Tracking Planning Sponsor Commissioner John Elizabeth Aleman AT TAC H ME N T S: Description Form Approved Ordinanc e Ad Page 129 of 230 WORKFORCE HOUSING PARKING AND UNIT SIZE REQUIREMENTS ORDINANCE NO. _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SUBPART A - GENERAL ORDINANCES, OF THE CITY CODE, BY AMENDING CHAPTER 58 "HOUSING", BY CREATING ARTICLE VI, ENTITLED "WORKFORCE HOUSING;" SECTIONS 58-500 THROUGH 58-510; PROVIDING FOR DEFINITIONS, AND INCENTIVES TO PROVIDE WORKFORCE HOUSING; ELIGIBILITY FOR TENANCY, ENFORCEMENT, AND PENAL TIES; BY AMENDING CHAPTER 130, "OFF-STREET PARKING," AT SECTION 130-32, "OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICT NO. 1," AND SECTION 130-33, "OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3, 4, 5, 6, AND 7." BY ESTABLISHING PARKING REQUIREMENTS FOR WORKFORCE HOUSING UNITS; BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE li, "DISTRICT REGULATIONS," DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS," SUBDIVISION li, "RM-1 RESIDENTIAL MULTIFAMILY LOW INTENSITY," SUBDIVISION IV, "RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY," SUBDIVISION V. "RM-3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY," DIVISION 4. "CD-1 COMMERCIAL, LOW INTENSITY DISTRICT," DIVISION 5. "CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," DIVISION 6. "CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT," DIVISION 13, "MXE MIXED USE ENTERTAINMENT DISTRICT," DIVISION 18, "PS PERFORMANCE STANDARD DISTRICT," DIVISION 20, "TC NORTH BEACH TOWN CENTER DISTRICTS," BY CREATING NEW MINIMUM AND AVERAGE APARTMENT UNIT SIZES FOR WORKFORCE HOUSING UNITS; PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, City of Miam, Beach desires to create a program to promote the construction of housing affordable to households with incomes at or below 140% of the area- wide median income; and WHEREAS, 51 percent of the City households are paying more than 30 percent of their income towards housing, and WHEREAS, 20 percent of all homeowners on M1am1 Beach are paying 30 percent to 49 9 percent of their household income for housing; and WHEREAS, 26 percent of all renters are paying 30 percent to 49.0 percent of their household income for housing, and WHEREAS, 29 percent of all renters are paying 50 percent or more of their household income for housing, and WHEREAS, the construction of workforce housing rs intended to (1) allow households with incomes at or below 140 percent of the area-wide median income to have greater housing choices in the City, (2) increase the avatlabihty of housing m the City for public employees and other workers whose income cannot support the high cost of housing that rs located close to their workplace and who, as a result, are mcreasmqly priced out of housing opportunities; 1 of 21 Page 130 of 230 (3) assist City employers m reducing critical labor shortages of skilled and senu-slclled workers by providing housing that will be accessible to the worker's workplaces; and (4) reduce traffic congestion by shortening commute distances for employees who work in the City but who otherwise would live elsewhere and encouraging more employees to live in the city, rather than commute m; and WHEREAS, the single most important step the City can take to make housing cost less for most people rs to change city land development regulations to allow more affordable and workforce housing to be built; and WHEREAS, there are often market barriers to the construction of housing; and WHEREAS, the City and State of Florida do not have a permanent source of affordable housing subsidy, and the ehmmation of redevelopment agencies has reduced what was the primary source of funding in the state, and WHEREAS, the City seeks to increase the supply of both low-income and moderate- income housing, and WHEREAS, housing units that are "affordable by design" represent an underappreciated component of the region's housing market; and WHEREAS, these are units that cost less because they are small, efficiently designed and, in many cases, don't come with a parking space; and WHEREAS, the City desires to make a few key changes to planning and building codes to enable the construction of these "naturally affordable" unsubsidized units; and WHEREAS, parking structures are expensive to build, if the City requires less parking, the City we could see both reduced housing prices and a more efficient use of urban land; and WHEREAS, the City proposes to eliminate requirements that mandate a minimum number of parking spaces for new housing Development, or to limit the amount of parking, and WHEREAS, there is no good reason for the government to force the private market to produce parking spaces for every housing unit built, when there are locations with high-quality transit, which could incentive public transportation; and WHEREAS, the City recommends decoupling the cost of parking from the cost of the housing unit so residents can make their own decisions about whether to spend money to buy a parking space or not, and WHEREAS, the City intends to grow the market for car sharing and bicycle infrastructure - which enable people full mobility without owning (and parking) a car - as a key strategy to bring down the effective cost of housing; and WHEREAS, charging developers fees on new housing can support some wonderful things new parks, infrastructure, community facilities and affordable housing; and WHEREAS, the City seeks to reduce building and land development fees for processing and approving workforce housing projects 2 of 21 Page 131 of 230 NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Chapter 58, entitled "Housing," rs amended to create Divrsron VI, entitled "Workforce housing," as follows: CHAPTER 58 HOUSING * * * DIVISION VI. - WORKFORCE HOUSING Sec. 58-500. - Purpose. The purpose of this chapter is to enhance the public welfare by ensuring that the housing needs of the city are addressed. The city finds that there 1s a critical shortage of affordable and workforce housing, making residency on M1am1 Beach by the majority of city resident workers extremely difficult, and creating a shortage of affordable rental units. The resident workforce 1s leaving the city in search of affordable housing, and new employees are being deterred by the high cost of living To maintain a sufficient resident workforce 1n all fields of employment, and to ensure the public safety and general welfare of the residents of the City, resident workforce housing needs must be addressed. lt 1s the intent of this d1v1sion to encourage the provision and maintenance of res1dent1al workforce housing units, for rental, to meet the needs of income-qualified households for city employees, the general workforce in the city, and students Sec. 58-501. Definitions. The purpose of this division is to create adm1rnstrat1ve procedures for the implementation of the city's "Workforce Housing Development Program " Area median income means the median income level for the Miami-Dade County Metropolitan Stat1st1cal Area, as established and defined in the annual schedule published by the Secretary of the U.S Department of Housing and Urban Development, and ad1usted for household size. Cert1f1cate of qua/Jflcation means a certificate issued by the city administration establishing a qualified household's ellgib1lity to purchase or rent a workforce housing unit Cert1f1cates of qualification shall be valid for 12 months. The cert1f1cation criteria shall be set forth below Control penad means each 20-year period during which the affordability restrictions imposed by this division shall apply The control period begins at the time of any sale or resale of the affected unit. Covered development means all developments providing workforce housing units pursuant to this d1v1sion Department means the city's department of housing, or any successor department 3 of 21 Page 132 of 230 Developer means any person, firm, corporation, partnership, limited liability company, association, ¡oint venture, or any entity or combination of ent1t1es that apply for development orders or permits for residential dwelling units for workforce housing purposes as defined in this division Eftgible household means, subject to the prov1s1ons of this division, a household whose total income 1s between 65 and 140 percent of area median income. Eligible household income means any income derived from any proposed occupants of a workforce housing unit who are 18 years of age or older and who will use the workforce housing unit as their primary residence. Household means any natural person who occupies a workforce housing unit as his or her primary residence Market rate dwelling umts means all dwelling units in a covered development that are not workforce housing units as defined herein. Qualified household means an eligible household that has received a certificate of qualif1cat1on from the department Workforce housing unit rent or workforce housing unit rent means rents that do not exceed the maximum monthly rent limits as determined for M1am1-Dade County by the U S Department of Housing and Urban Development in its annual income limits and rent limits and as used by Florida Housing Finance Corporation for its multifamily rental programs (published annually at http //www floridahousing.org), and established at 65% up to 140% of the median family income Sec. 58-502 Reserved. Sec. 58-503. Workforce housing requirements (a) Workforce housing declaration of restrictive covenants and workforce housing agreement shall comply with the following housing requirements (1) A workforce housing unit shall be offered for rental solely to a qualified household to be used for his or her own primary residence. The city, shall establish by resolution a pricing schedule of rental prices for workforce housing units in accordance with this division. (2) Any developer or other property owner offering a workforce housing unit for rental shall record 1n the public records one or more covenants or declarations of restrictions in a form approved by the city attorney Such covenants or declarations of restrictions shall include the workforce housing unit agreement, and such further arrangements, restrictive covenants, and rental restrictions as are necessary to carry out the purposes of this d1vis1on The developer or other property owner must execute and record a declaration of restrictive covenants assuring that 4 of 21 Page 133 of 230 (A) The restrictions of this division shall run with the land for the entire control period of 20 years; (B) The covenants will bind the applicant. any assignee, mortgagee, or buyer, and all other parties that receive title to or interest in the property These covenants shall be senior to all instruments securing permanent financing. (b) Upon the exp1rat1on of the control period the city shall record in the public records of Miami-Dade City an instrument or document releasing the workforce housing unit from the restrictive covenant required by this program. (c) The covenants recorded by each developer or other property owner of workforce housing units shall state in said covenant that the unit 1s sub1ect to the following prov1s1ons· ( 1) The covenants shall be senior to all instruments securing permanent financing, and shall bind all assignees, mortgagees, purchasers and other successors in interest. (2) No sale, transfer or foreclosure shall affect the validity of the covenants except as expressly set forth in the prov1s1ons of this div1s1on. (3) An owner of a residential workforce housing rental development intending to sell the development shall notify the department in writing prior to the closing of the sale, and shall provide documentation to the department that the prospective new owner acknowledges and is aware of the terms, cond1t1ons, and restrictions encumbering the development as set forth 1n this division. (4) Any workforce housing unit offered for rent under this div1s1on must not be rented for 20 years after the date of original rental at a rent greater than the rent allowed for workforce housing units under this division and applicable regulations. Rent does not include utilities when they are paid by the tenant. Different rents must be set when utility costs are paid by the owner and included 1n the rent During the applicable control penad, a workforce housing unit must only be rented to an individual with a household income that does not exceed the limits set under this d1v1sion Sec. 58-504. Eligibility of households for workforce housing units. (a) Eligibility, generally. Eligibility for rental of workforce housing units shall be determined pursuant to an implementing order approved by the city comm1ss1on and shall be based on household size and income An eligible household must receive a certificate of qualification from the City to become a qualified household for a workforce housing unit. 1n accordance with the procedures prescribed by the implementing order Eligibility for continued rental of a workforce housing unit shall be contingent upon the qualified household's use of the workforce housing unit as its primary residence A qualified household that leases a workforce housing unit and that discontinues occupancy of the unit as its primary residence shall be required to vacate said unit (b) Spec1f1c elig1b11ity criteria (1) Be a citizen of the United States or a permanent resident alien (2) Be eighteen years of age or older (3) Have a gross annual household income (not to include the income of minors) which does not exceed 140 percent of the city's area median income as established by 5 of 21 Page 134 of 230 HUD, or as adjusted by the city. Initial determination for compliance with the maximum gross annual family income prov1s1on shall be made by the developer, its partner, or its management company for the lease of res1dent1al workforce housing units. Final determination for compliance with the maximum gross household annual income provision shall be made by the property owner/developer, and reviewed by the city prior to execution of the leasehold agreement (4) Elig1b1lity preference for applicants who work for the city or have received a ¡ob offer with the city (5) An Applicant may have assets that do not exceed 140 percent of the city's area median income as established by HUD, or as adjusted by the city. Assets shall include all cash, securities, stocks, bonds and real property Real property shall be valued at fair market value less liabilities on such real property Sec. 508-505. Affordability controls. (a) Initial rental. (1) Every workforce housing unit established under this d1v1sion and pursuant to the land development regulations, shall be offered for rental to an eligible household to be used for his or her own primary residence (2) Sixty days prior to offering any new workforce housing unit for rent, the developer or other property owner shall notify the City of such offering The notice shall set forth the number, size, price established by applicable 1mplement1ng order, and location of the workforce housing unit offered and shall provide a description of each workforce housing unit's finishes and ava1lab11ity. The Department may request additional information from the developer or other property owner as it deems necessary (3) Upon re-rental of a workforce housing unit, each qualified household must first obtain a valid cert1f1cate of qualif1cat1on from the prospective eligible household. (b) Rental workforce housing unit requirements. (1) All qualified households must be provided a lease with a minimum period of twelve (12) months. The lease must comply with all applicable federal and state laws. The lease shall include without limitation provisions that specify the maximum household size allowed in the unit; a prohib1t1on against subleasing; and a requirement that the qualified household shall report any changes in household size or income during the tenancy Qualified households shall comply with all monitoring requirements established by the Department Rent shall be consistent with the rental calculation provided by the city as to what qualifies as affordable workforce housing rent (2) If a qualified household's income increases above the maximum allowed income levels, the qualified household may choose to remain in the workforce housing unit for the remainder of the lease term If the formerly qualified household and the developer or other property owner agree to extend the lease term, the developer or other property owner shall make the next comparable vacant unit at the covered development available to an eligible household at the workforce housing unit rent. (3) A tenant that has produced fraudulent income information for the household shall be subject to eviction pursuant to the leasehold Ev1ct1on shall be mandatory if the tenant household income exceeds the thresholds for workforce housing unit purposes. (4)Timing of completion. Res1dent1al workforce housing units shall be made available for occupancy either prior to or concurrently with market rate units at the same ratio required of the development Certificates of occupancy shall not be issued and/or final 6 of 21 Page 135 of 230 inspections shall not be passed for the market rate units unless cert1f1cates of occupancy are issued and/or final inspections are passed for the res1dent1al workforce housing units concurrently or sooner (5) Annually, the developer/property owner shall provide to the city proof of the continued workforce housing eligibility of the proposed tenant If the department determines an eligible household qualifies for the rental the department will issue a cert1f1cate of quahf1cat1on. ln order to receive a certificate of qualif1cat1on, an eligible household must provide an aff1dav1t that the workforce housing unit will be its primary residence. (c) City respons1bilit1es. The city shall: (1) Annually, set the maximum annual rent limits, sale price and rent ranges (which must promote a variety of different prices or rents at each workforce housing location), minimum unit type and bedroom requirements, and income ehgib1hty standards; (2) Annually review leaseholds for compliance, and (3) Enforce provisions of division. Sec. 58-506. Enforcement. (a) V1olat1ons of this div1s1on by the developer or property owner shall be subject to the following fines The special master shall not waive or reduce fines set by this div1s1on. (1) If the violatron ts the first vrolation $ 2,500.00 (2) If the violation 1s the second violation w1th1n the preceding 18 months (3) If the violation is the third violation within the preceding 18 months $ 7,500 OO $12,500.00 (4) If the violation is the fourth or greater v1olat1on within the preceding 18 months $ 20,000 OO (5) Fines for repeat violations shall increase regardless of location. (b) Violations of this div1s1on by the tenant shall result 1n termination of the leasehold, upon 30 days written notice. Landlord shall be entitled to evict the tenant and seek all damages under law from the tenant (c) ln addition to or 1n heu of the foregoing, the city may seek an in¡unction against act1v1ties or uses proh1b1ted under this division The city may take legal action to stop or cancel any transfer of a workforce housing unit 1f any party to the transfer does not comply with all requirements of this div1s1on, and or seek enforcement of any covenant signed or order issued under this d1v1s1on The city may recover any funds improperly obtained from any sale or rental of a workforce housing unit in v1olat1on of this d1v1sion1 plus costs and interest at the rate prescribed by law from the date a violation occurred (d) Any city police officer or code compliance officer may issue notices for violations of this d1v1s1on, with alternative enforcement as provided in section 1-14 and chapter 30 of this code V1olat1ons shall be issued to the homeowner, and/or to any realtor, real estate agent, real estate broker, tenant or any other 1nd1vidual or entity that facilitates or organizes the prohibited act1v1t1es I n the event the record owner of the property is not present when the violation occurred, a copy of the violation shall be provided to such owner 7 of 21 Page 136 of 230 (e) The city manager or des1gnee may adopt adm1nistrat1ve rules and procedures to assist 1n the uniform enforcement of this division (f) No variances shall be granted from this d1v1sion The prov1s1ons of this division shall apply to all agents. successors and assignees of a qualified household SECTION 2. Section 130-32, "Off-street parking requirements for parking district no 1," rs amended as follows Sec. 130-32. Off-street parking requirements for parking district no. 1 Except as otherwise provided in these land development regulations, when any building or structure rs erected or altered m parking district no. 1, accessory off-street parking spaces shall be provided for the building, structure or addrtronal floor area as follows: * * * (68) Workforce housing shall have the same parking requirements as specified in section 130-32(6), above, or alternatively, 0.5 parking spaces per unit, whichever 1s less. Notwithstanding the above, when an existing building 1s renovated and the number of units 1s increased, or when units are added on a lot with an existing building that is retained and renovated, there shall be no parking requirement for the newly constructed units, and ex1st1ng buildings shall be exempt from the requirements of section 118-395(b), Repair and/or rehab1/lfat1on of nonconforming buildings and uses * * * SECTION 3. Section 130-33, "Off-street parking requirements for parking districts nos. 2, 3, 4, 5, 6, and 7 ", is amended as follows Except as otherwise provided m these land development regulations, when any building or structure is erected or altered in parking districts nos 2, 3, 4 and 5 accessory off-street parking spaces shall be provided for the bu1ld1ng, structure or additional floor area as follows There shall be no off-street parking requirement for uses m this parking district except for those listed below: * * * (1 B) Workforce housing shall have the same parking requirements as specified in section 130-32(6), or alternatively, O 5 parking spaces per unit, whichever 1s less. Notwithstanding the above, when an existing building is renovated and the number of units 1s increased, or when units are added on a lot with an existing building that 1s retained and renovated, there shall be no parking reqwrement for the newly constructed units. and existing buildings shall be exempt from the requirements of section 118-395(b), Repair and/or rehabilitation of nonconformmg but/dings and uses. * * * 8 of 21 Page 137 of 230 SECTION 4. Chapter142, "Zoning Districts and Regulations," Article li, "District Regulations," Divrsion 3, "Restdentral Multifamily Districts," Subdivision li, "RM-1 Residential Multifamily Low Intensity" rs hereby amended as follows Sec. 142-155. Development regulations and area requirements. * * * (b) The lot area, lot width, unit size and building height requirements for the RM-1 residential multrtarruly, low density district are as follows· Minimum Minimum Minimum ~verage Maximum Maximum Lot Area Lot Building (Square Width Unit Size Unit Size Height Number Feet) (Feet) (Square Feet) (Square Feet) (Feet) of Stones New construcnon=ôôö Non-elderly and elderly low and moderate income housing; See section 142-1183 Workforce housmo - 400 Rehabilitated buildings-400 Hotel units 15% 300-335 Histone 85% 335+ New construcnon-c-êüü distnct-40 Histone For contributing hotel structures, located Non-elderly and elderly Flamingo Park distnct-4 1W1thin an mdividual histone site, a local low and moderate income Local Histone Flamingo Park histone district or a national register housing Seesection 142- Distnct-35 Local Histone 5,600 50 district, which are renovated in 1183 (except as Distnct-3 accordance with the Secretary of the provided in (except as Interior Standards and Guidelines for the provided in Rehabihtatron of Histone Structures as !Workforce housmc - 400 section 142- section 142- amended, retaining the existing room Rehabilitated buildings- 1161) 1161) Otherwise- configuration and sizes of at least 200 550 50 Otherwise=ô square feet shall be permitted Addrtronally, the existing room configurations for the above described hotel structures may be modified to address applicable life-safety and accessibrlrty regulations, provided the 200 square feet minimum unit size rs maintained, and provided the maximum occupancy per hotel room does not exceed 4 persons * * * SECTION 5. Chapter142, "Zoning Districts and Regulations," Article li, "District Regulations," Division 3, "Resrdential Multifamily Districts," Subdivisron IV, "RM-2 Residential Multifamily, Medium Intensity" is hereby amended as follows Sec. 142-217. -Area requirement 9 of 21 Page 138 of 230 The area requirements in the RM-2 residential multifarruly, medium intensity district are as follows Minimum Minimum Minimum Maximum Lot Area Lot Average Maximum (Square Width Umt Size Unit Size Building Number (Square Feet) Height Feet) (Feet) (Square Feet) (Feet) of Stones Histone d1stnct- Histone drstnct=ô 50 (except as (except as provided m section provided m section New constructton=ôôü 142-1161) 142-1161) Non-elderly and elderly low and Area bounded by lArea bounded by moderate income housing See section Indian Creek Dr , Indian Creek Dr, 142-1183 Collins Ave , 26th Collins Ave , 26th St , and 44th St - St , and 44th St - 75 8 Workforce housma - 400 Area fronting west Area fronting west Rehabihtated buildmgs-400 side of Collins Ave side of Alton Rd Hotel umts New btwn 76th St and between Arthur 15% 300-335 constructron=Büû 79th St-75 Godfrey Rd and 85% 335+ Non-elderly and lArea fronting west lw 34th St-8 For contnbutmg hotel structures, located elderly low and side of Alton Rd lArea fronting west w1thm an mdividual histone site, a local moderate income between Arthur side of Collins Ave histone drstnct or a national register housing See Godfrey Rd and btwn 76th St and 7,000 50 distnct, which are renovated m section 142-1183 W 34th St-85 79th St-8 accordance with the Secretary of the Otherwrse=Bû Otherwrse=ô Interior Standards and Guidelines for Lots fronting Lots fronting the Rehabihtatron of Histone Structures i/Vorkforce housmo Biscayne Bay less Biscayne Bay less as amended, retairnnq the existing room 400 han 45,000 sq han 45,000 sq configuration and sizes of at least 200 Rehabilitated lft-100 ~-11 square feet shall be permitted buildmgs-550 Lots fronting Lots fronting Addmonally, the existing room Hotel umts-N/A Biscayne Bay over Biscayne Bay over configurations for the above described 145,000 sq ft -140 45,000 sq ft-15 hotel structures may be modified to Lots fronting Lots fronting address applicable life-safety and lAt1ant1c Ocean Atlantic Ocean accesstbilrty regulations, provided the over 100,000 sq over 100,000 sq 200 square feet minimum urut size rs ft-140 ft-15 mamtamed, and provided the maximum Lots fronting Lots fronting occupancy per hotel room does not Atlantic Ocean ~tlant1c Ocean exceed 4 persons with a property Ime with a property line wrthm 250 feet of wrthm 250 feet of North Shore Open North Shore Open Space Park Space parking Boundary-200 Boundary-21 S~~TION 6,: C~apte_r142, "~oni~g Districts ~nd Regulations," Article li, "District Regulations," Division 3, Residential Multifamily Districts, Subdivision V "RM-3 Residential Multifamily High Intensity" rs hereby amended as follows ' ' Sec. 142-246. Development regulations and area requirements. * * * (b) Th~ lot. area, lot width, unit size and building height requirements for the RM-3 residential multifamily, low density district are as follows: 10 of 21 Page 139 of 230 Minimum Minimum Minimum Average Maximum Maximum Lot Area Lot Unit Size Unit Size Building Number (Square Width (Square Feet) (Square Feet) Height of Stones Feet) (Feet) (Feet) New constructron=ôêö Non-elderly and elderly low and moderate income housing; See section 142-1183 16 Workforce housmo - 400 Oceanfront Rehabilitated buildings--400 New lots-22 Hotel units constructron=Büü 150 Architectural 15% 300-335 Non-elderly and dist New 85% 335+ construction- For contributing hotel structures, elderly low and Oceanfront lots-200 13, ground moderate income located withm an mdividual histone housing; See ~loor addmons site, a local histone distnct or a (whether national register distnct, which are section 142-1183 1Arch1tectural dist New attached or 7,000 50 renovated in accordance with the construcnon-ctzü, detached) to Secretary of the Interior Standards and Workforce ground floor additions existmq Guidelines for the Rehabihtatron of housmo -400 (whether attached or structures on Histone Structures as amended, detached) to existing oceanfront retaining the existing room structures on oceanfront lots-5 configuration and sizes of at least 200 Rehabilitated lots-50 (except as (except as square feet shall be permitted burldmqs=-ôôü provided in section 142- provided in 1Add1t1onally, the existing room Hotel units-N/A 1161) section 142- configurations for the above described 1161) hotel structures may be modified to address applicable life-safety and accessibihty regulations, provided the 200 square feet minimum unit size rs maintained, and provided the maximum occupancy per hotel room does not exceed 4 persons * * * SECTION 7. Chapter142, "Zoning Districts and Regulations," Article li, "District Regulations," Drvisron 4, "CD-1 Commercial, Low Intensity District" is hereby amended as follows: Sec. 142-276. Development regulations The development regulations m the CD-1 commercial, low intensity district are as follows: Maximum Minimum Floor Lot Area Minimum Minimum Apartment Average Apartment Lot Width Unit Size Unit Size Maximum Building Maximum Number 11 of 21 Page 140 of 230 Area (Square (Feet) (Square Feet) (Square Feet) Height of Stones Ratio Feet) (Feet) Commercial-N/A Commercial-N/A New construction- New construction- 550 Rehabilitated 800 buildmgs-400 Rehabilitated buildmgs-550 Non-elderly and Non-elderly and Commercial Commercial elderly low and elderly low and moderate income -None -None housing; See section moderate income 140 (except as 14 ( except as 1 O 142-1183 housing; See provided m section provided m section 142-1183 142-1161) section 142- Residenttal Resrdential 1161) -5,600 -50 Workforce housmo - 1QQ Workforce housma - 400 Hotel urut 15% 300-335 Hotel umts-N/A 85% 335+ * * * SECTION 8. Chapter142, "Zoning Districts and Regulations," Article li, "District Regulations," Divisron 5, "CD-2 Commercial, Medium Intensity District" 1s hereby amended as follows Sec. 142-306. Development regulations. The development regulations m the CD-2 commercial, medium intensity district are as follows Maximum Minimum Mmrrnurn Munmum Apartment Average Apartment Maximum Maximum Floor Lot Area Lot Width Umt Size Umt Size Building Number Area (Square (Feet) (Square Feet) (Square Feet) Height of Stones Ratio Feet) (Feet) Commercial-N/A Commercial-N/A 50 ( except as New construction- New construction- provided m section 550 800 142-1161) Rehabilitated Rehabilitated 5 (except as Commercial Commercial buildmgs-400 buildmgs-550 provided m -None -None Non-elderly and Non-elderly and Self-storage section 142- 1 5 elderly low and elderly low and !Warehouse - 40 1161) moderate income moderate income lfeet, except that the Residentral Residennal housing; See section housing; See building height shall -7,000 -50 142-1183 section 142-1183 be limited to 25 feet Self-storage w1thm 50 feet from warehouse 4 he rear property Workforce housma - !Workforce housma Ime for lots abutting 1QQ ,:AQ_Q an alley, and wrthm 60 feet from a restdenüal distnct 12 of 21 Page 141 of 230 Hotel unit Hotel units-N/A for blocks with no 15% 300-335 alley 85% 335+ For contributing hotel structures, located Mixed-use and Within an mdrvidual commercial histone site, a local buildings that histone district or a include structured national register parking for distnct, which are properties on the being renovated in !West side of Alton accordance with the Road from 6th Secretary of the Street to Collins Interior Standards Canal - 60 feet and Guidelines for he Rehabrhtaüon of Histone Structures as amended, retaining the existing room configuration shall be permitted, provided all rooms are a minimum of 1200 square feet ~dd1t1onally, existing room conñqurations for the above described hotel structures may be medmed to address applicable life-safety and accessrbrhty regulations, provided lthe 200 square feet minimum unit size rs maintained, and provided the maximum occupancy per hotel room does not exceed 4 persons * * * SECTION 9. Chapter142, "Zoning Districts and Regulations," Article li, "District Regulations," Divisron 6, "CD-3 Commercial, High Intensity District" rs hereby amended as follows: Sec. 142-337. Development regulations and area requirements. * * * (e) The lot area, lot width, unit size and building height requirements for the CD-3 commercial, high intensity district are as follows Minimum Minimum Minimum Apartment Average Apartment Lot Area Lot Width Unit Size Unit Size Maximum Building Maximum Number 13 of 21 Page 142 of 230 (Square (Feet) (Square Feet) (Square Feet) Height of Stones Feet) (Feet) Commercial-N/A New construction- 75 feet 550 Rehabilitated buildmgs-400 Lots wrthm the Non-elderly and architectural district elderly low and 50 feet moderate income housing; See section 142-1183 Lots fronting on 17th Street 80 feet Workforce housma - 7 stones ~ City Center Area (bounded by Drexel Lots wrthm the lAvenue, 16th Hotel unit Street, Collins agricultural 15% 300-335 !Avenue and the district 5 stones 85% 335+ south property Ime For contributing hotel Commercial-N/A of those lots structures, located New construction- ~rontmg on the Lots fronting on withm an mdividual 800 south side of 17th Street 7 histone site, a local Rehabilitated Lincoln Road) 100 stones histone district or a buildmgs-550 ~eet Commercial Commercial national register Non-elderly and -None -None district, which are elderly low and City Center Area bemg renovated m moderate income Notwithstandmq (bounded by accordance with the housing; See he foregoing Drexel Avenue, Restdential Resrdential Secretary of the section 142-1183 requirement for City 16th Street, -7,000 -50 Interior Standards Center Area, the Collins Avenue and Guidelines for ~ollowmg addrtronal and the south he Rehabihtatron of Workforce housma shall apply property Ime of Histone Structures .:-4QQ those lots fronting as amended, on the south side retammg the existmq Hotel units-N/A The height for lots of Lincoln Road) room conñquration fronting on Lincoln 11 stones, shall be permitted, Road and 16th subject to the provided all rooms Street between applicable height are a minimum of Drexel Avenue and restrictions 200 square feet Washington (except as lAdd1t1onally, existing Avenue are limited provided m room configurations to 50 feet for the section 142- for the above first 50' of lot depth 1161) described hotel structures may be modified to address The height for lots applicable life-safety ~rontmg on Drexel and accessibihty lAvenue rs limited to regulations, provided 50 feet for the first ~he 200 square feet 25' of lot depth rrurumurn unit size rs (except as provided mamtamed, and m section 142- provided the 1161) maximum occupancy per hotel room does not exceed 4 14 of 21 Page 143 of 230 * * * SECTION 10. Chapter142, "Zoning Districts and Regulations," Article li, "District Regulations," Division 13, "MXE Mixed Use Entertainment District," is hereby amended as follows. Sec. 142-545. Development regulations. The development regulations m the MXE mixed use entertainment district are as follows: Maximum Minimum Minimum Minimum Apartment Average Apartment Maximum Maximum Floor Lot Area Lot Width Unit Size Unit Size Building Number Area (Square (Feet) (Square Feet) (Square Feet) Height of Stones Ratio Feet) (Feet) Existing structures Apartment units- 1400 Existing structures V-\rch1tectural IAll Workforce housma - Apartment units- ~rch1tectural distnct ~ 550 Oceanfront-16 uses- district 20 Oceanfront-150 Non- Except Workforce housma Non-oceanfront- oceanfront-5 convenue Hotel uruts=m a -400 50 (except as (except as n hotel local histone provided m developm N/A N/A d1stnct/s1te-200 Hotel units-N/A provided m section section 142- New construction 142-1161) ent(as Otherwise Apartment units- V-I.li other areas-75 1161) set forth 15% 300-335 IAll other areas- m section 85% 335+ 800 (except as provided 8 (except as 142- New construction Hotel units-N/A m section 142- provided m 841)-3 5 Apartment units- 1161) section 142- 550 1161) Hotel units 15% 300-335 85% 335+ * * * SECTION 11. Chapter142, "Zoning Districts and Regulations," Article li, "District Regulations," Division 18, "PS Performance Standard District," is hereby amended as follows: Sec. 142-696. Residential Performance Standard Area Requirements. The residential performance standard area requirements are as follows Residential Subdistricts 15 of 21 Page 144 of 230 Performance Standard r - - R-PS1- R-P52- --1 R-P53- 1 11;54 - - --'-·-S-,7-S-O-squl5,75~;qu~re -í- --- - SO feet SO feet SO feet 0.6S, See r 0.70, See O 70, See section section 14~~7041 section 142-704 142-7~:_ __ Minimum lot width SO feet r =-i::~60,See Required open space ratio section 142-704 ------- ~ = ~~~~--- - - Maximum building height* Nonoceanfront-8 Oceanfront-11 Lots SO feet wide Nonoceanfront- 4S feet 4S f eet SO feet 80 feet; Lots SO feet Lots 5 O feet Lots SO feet Oceanfront-100 wide or less-40 wide or less-40 wide or less-40 feet; feet fe et feet Lots SO feet wide or less-40 feet 1.2S New construction- 700 Rehabilitated buildings-400 s Lots SO feet wide or less-4 s Maximum number of stories Lots SO feet wide or less-4 Maximum floor area ratio 1.50 Minimum floor area per apartment unit (square feet); except as provided in section 142-1183 for elderly and low and moderate income non-elderly housing Workforce housing - 400 Minimum average floor area New per apartment unit (square construction- feet); except as provided in 900 section 142-1183 for elderly Rehabilitated and low and moderate buildmgs-5SO income non-elderly housing Workforce housing New construction- 6SO Rehabilitated buildings-400 Workforce housing- 400 5 Lots SO feet or less-4 wide or less-4 ln the Ocean Beach Historic District- 7 1.7S 2.0 New construction- 600 Rehabilitated buildings-400 Workforce housing -400 New construction-S50 Rehabilitated buildings-400 Workforce housing - 400 New construction- 900 Rehabilitated buildings-SSO Workforce New construction- 8SO Rehabilitated buildings-5SO Workforce housing New constructron+Bûû Rehabilitated buildings-5SO Workforce housing - 400 16 of 21 Page 145 of 230 ho~s1~g······---400 -·-r--- : 400 .. -- ·----- -~-----l------------~-------- - ----- -- 15% = 300-335 15% = 300-335 square feet 85% = 335+ square feet Minimum floor area per hotel unit (square feet) N/A square feet 85% = 335+ square feet N/A Minimum parking r Pursuant to chapter 130 and section 142-705 requirement. Minimum off:;;r~et loadin~- - Pursuant;~; 130, a~i;Ïî1~- -- - - - --~---- ------·- ¡--- ---------- .. ----- Signs Pursuant to chapter 138. _ -- Suite~,~--_ Pur~uan~toart~~3of~his~a~ter. _ * * * Sec. 142-698. - Commercial performance standard area requirements. (b) The commercial performance standard area requirements are as follows Commercial Subdistricts C-PS4 40 feet; 75 feet for the Block 51 Properties, the Block 51 Swap Property, Block 52 Properties, and Block 1 Properties 50 feet-East of Lenox Avenue 75 feet-West of Lenox Avenue Maximum building height Non-oceanfront-80 feet Oceanfront-100 feet 150 17 of 21 Page 146 of 230 '""""""""'""'-~ - --~~~ --- --- --- 4; 8 for the Block 51 Properties, the 5-East of Lenox Maximum number of Block 51 Swap Avenue Property, Block 52 7-West of Lenox stories Properties; Block 1 Avenue Properties Maximum floor area 1.0; 1.5 for the Block 51 Properties and Block 52 ratio Properties, and 2.0 for the Block 1 Properties Residential and/or hotel development Minimum apartment unit size (square feet) --Av~~age 1- Ne~-f-~N~~-- ~ New --- New construcnon=êü apartment construction-900 construction-850 onstruction-800 Rehabilitated buildings unit size Rehabilitated Rehabilitated Rehabilitated --- - -- ------------ - -- -- __ ___,______ ----- - - --- - -- - ---- Pursuant to all R- PS2 district regulations, except maximum building height for residential and mixed use buildings shall be 75 feet New construction-650 Rehabilitated buildings-400 Workforce housing - 400 2.0 Pursuant to all R- PS3 district regulations, except maximum building height for residential and mixed use buildings shall be 75 feet New construction-600 Rehabilitated buildings-400 Workforce housing - 400 18 of 21 Non-oceanfront-8 Oceanfront-11 2.5 Pursuant to all R-PS4 district regulations except maximum floor area ratio shall be 2.5; on the Goodman Terrace and Hinson Parcels, the FAR shall be that necessary to achieve 305,500 sq. ft. (estimated at 3.2 FAR), 30 stories and 300 ft. height maximum for the Goodman Terrace and Hinson Parcels, and open space ratio 0.60 measured at or above grade New construction-550 Rehabilitated buildings- 400 Non-elderly and elderly Workforce housmg - 400 16 2.5 Pursuant to all R- PS4 district regulations, except maximum floor area ratio shall be 2.5, and open space ratio 0.60 measured at or above grade New construction-550 Rehabilitated buildmgs-400 Workforce housing - 400 Page 147 of 230 Minimu~-fl~~; ;re~-~er ·h~;;I un-it¡-~~~:: 300=~~-~-~~~are fe-et; 85o/:~~;5 .; re .; ~~ all d~stri~ts.- (square feet) r-¡;;,¡~;;;;;;;~;rking requirements Pursuant to cha~~~l~O and ~ection 142-702 requirement. Minimum off-street loading Pursuant to chapter 130. - -· ---- --- ............ -- ---- ------- - -·- --- - - (square feet) buildings-550 buildings-550 550 Workforce housing - 400 Workforce housing - 400 Workforce housing - 400 Signs Pursuant to chapter 138. * * * Sec. 142-701. - Residential limited mixed use performance standards. Residential limited mixed use performance standards shall be as follows Mixed Subdistricts ----- ---- Performance Standard RM-PS1 Minimum site area 120,000 buildings-550 Workforce housing - 400 Minimum site width 350 feet Required open space ratio 0.60 60 feet above ground or above enclosed parking Maximum building height stories above ground or above enclosed parking Maximum number of stories Maximum floor area ratio 1.5 600 Minimum floor area per apartment unit (square ' feet) Workforce housing - 400 Minimum average floor area per apartment 1,000 19 of 21 Page 148 of 230 -=--- _-- un~:u~r;t~;,} ---= _ [_-_-- -- - -w~:~=·-~40: - -- -- Minimum floor area per hotel unit (square feet~ N/A --- . -- --- - - -- ·-. ------ - - -- -- - -·¡·P-~rs~~-n~-~o chapter 130 and subsection 142-70-6(c) Minimum parking requirement herein [ ~-- --r,;;;;;im-u,;;-;;-ff-stre;ioadin-;- T- - Pursuan~chapter -13Ô, article IV Signs ---,--Î>ursuan,;~~h~p!;;~38- - - -- - - _ _-_-_-·---------~-uites hotel -- ---~ - - r -~ ~--- - --- Ñ/ A - - - - -- --~~-- * * * SECTION 12. Chapter142, "Zoning Districts and Regulations," Article li, "District Regulations," Division 20, "TC North Beach Town Center Districts," rs hereby amended as follows Sec. 142-737. - Development regulations. (a) The development regulations m the TC-1, TC-2 and TC-3 town center districts are as follows: . - -îinimum Lot District Area - - -- -~~~ ~- - ~ - ~~ ~ ------ --~ --------- Minimum Apartment Average Apartment Unit Size _(square feet)_ Unit Size (square feet) Minimum Lot Width Commercial N/A Commercial N/A New Construction- 800 Commercial- New construction-550 None TC-1 Town Center Core Commercial- None Workforce housing - 400 Workforce housing - 400 - - ---- ·- ----+---- ------ New Construction- 800 Residential-SO New construction-550 TC-2 Town Center Mixed-use Residentia 1- 6,250 sq. ft. feet Workforce housing - 400 Workforce housing - 400 TC-3 Town Center --i-- -- Rehabilit-~---R-ehabilitated ~e:i~~:r_ial o_f_fi_ce-~--- __ ------ ------ __ building-400 __ l building-No minimum 20 of 21 Page 149 of 230 APPROVED AS TO FORM & LANGUAGE \') & FOR EXECUTION q<o.-(¡]~: L (, ( 2, o¡ (7 Elderly housing-See Elderly housing-See Section 142-1183 section 142-1183 Workforce housing - 400 Workforce housing - 400 Hotel units 15%: 300-335 85%: 335+ Hotel units-N/A SECTION 13. CODIFICATION. lt is the intention of the Mayor and City Commtssron of the City of Miami Beach, and 1t is hereby ordained that the provrsions 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 14. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 15. SEVERABIUTY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity SECTION 16. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption PASSED AND ADOPTED this __ day of , 2017. ATTEST: Philip Levine, Mayor Rafael E Granado, City Clerk First Reading: June 28, 2017 Second Reading: July 26, 2017 Underline = new language Strikethrough = deleted language (Sponsored by Commissioner John Aleman) Date T \AGENDA\201716 - June\Plannmg June 28\WORKFORCE HOUSING Parkmg and Unit Size - First Readmg ORD docx 21 of 21 Page 150 of 230 18NE NEIGHBORS THURSDAY JUNE 15 P.rl' MIAMIHERAL©COM MIAMIBEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING ORDINANCE AMENDING THE WORKFORCE HOUSING - LAND DEVELOPMENT REGULATIONS AND THE CITY CODE June 28, 2017 NOTICE 18 H EREBY given that a Public Hearing will be heard by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chamber, 3rd Floor, Clty Hall, 1700 Convention Center Drive, Miami Beach, Florida, on June 28, 2017 at 5:06 p_m_, or as soon thereafter as the matter can he heard, to consider: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SUBPART A -G ENERALORDINANCES, OF THE CITYCODE, BYAMENDING CHAPTER 58 "HOUSING ", BY CREATING ARTICLE VI, ENTITLED `WORKFORCE HOUSING;" SECTIONS 58-500 THROUGH 58 -510; PROVIDING FOR DEFINITIONS AND INCENTIVES TO PROVIDE WORKFORCE HOUSING; ELIGIBILITY FOR TENANCY, ENFORCEMENT, AND PENALTIES; BY AMENDING CHAPTER 130, "OFF- STREET PARKING," AT SECTION 130 -32, OFF- STREET PARKING REQUIREMENTS FOR PARKING DISTRICT NO. 1," AND SECTION 130- 33, "OFF- STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3, 4, 5, 6, AND 7." BY ESTABLISHING PARKING REQUIREMENTS FOR WORKFORCE HOUSING UNITS; BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE 11, "DISTRICT REGULATIONS," DIVISION 3, 'RESIDENTIAL MULTIFAMILY DISTRICTS." SUBDIVISION II. RM -1 RESIDENTIAL MULTIFAMILY LOW INTENSITY,' SUBDIVISION IV, "RM -2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY," SUBDIVISION V. "RM -3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY," DIVISION 4. "CD -1 COMMERCIAL, LOW INTENSITY DISTRICT," DIVISION 5. 'CD- 2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," DIVISION 6. 'CD -3 COMMERCIAL, HIGH INTENSITY DISTRICT," DIVISION 13, "MXE MIXED USE ENTERTAINMENT DISTRICT," DIVISION 18, 'PS PERFORMANCE STANDARD DISTRICT," DIVISION 20, "TC NORTH BEACH TOWN CENTER DISTRICTS,' BY CREATING NEW MINIMUM AND AVERAGE APARTMENT UNIT SIZES FOR WORKFORCE HOUSING UNITS; PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. This Ordinance is being heard pursuant to Section 115-164 of the City's Land Development Code; Section 2.05 of the City Charter and § 166.041 F. S, Inquiries may be directed to the Planning Department at 305.673.7550, INTERESTED PARTIES are Invited to appear at this meeting, or be represented by an agent, or to express their views In writing addressed to the Clty Commission, c/o the Cfty Clerk, 1700 Convention Center Drive, 1' Floor, Clty Hall, Miami Beach, Florida 33139. Thls item Is available for public Inspection during normal business hours In the Clty Clerk's Office, 1700 Convention Center Drive, 1s' Floor, City Hall, Miami Beach, Florida 33130. This Item may be continued, and under such circumstances, additional legal notice need not be provided. Pursuant to Section 286.0105, Fla. Stat., the Gay hereby advises the public that If a person decides to appeal any decision made by the Clty Commission with respect to any matter considered at Its meeting or Its hearing, such person must ensure that a verbatim record of the proceedings Is made, which record includes the testimony and evidence upon which the appeal is to be based. Thls notice does not constitute consent by the City for the Introduction or admission of otherwise inadmissible or irrelevant evidence, nor does It authorize challenges or appeals not otherwise allowed by law. To request this material in alternate format, sign language Interpreter (five -day notice required), information on access for persons with disabilities, and /or any accommodation to review any document or participate In any City-sponsored .proceedings, call 305.604.2489 and select 1 for English or 2 for Spanish, then option 6; TTY users may call via 711 (Florida Relay Service). Rafael E. Granada, Clty Clerk City of Miami Beach Ad 1351 Page 151 of 230 Ordinances - R 5 G COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:J immy L. Morales, City Manager D ATE:J une 28, 2017 5:07 p.m. First Re ading Public He aring S UB J E C T:AN O R D INANCE OF T H E MAYOR AN D CIT Y C OMMISS ION OF T HE C IT Y OF MIAMI B EACH, FL ORID A, EXT ENDIN G T HE T EMP ORARY MO R AT ORIU M U N DER ORDINANCE 2017-4073, T H R OUGH DE C EMB ER 31, 2017, ON T HE AC C EP TANC E, R EVIEW, APPRO VAL, OR ISSUANCE OF ANY L AN D D EVE LOPMENT P ERMIT S (AS T H E T E R M IS DE F INED IN S ECT ION 163.3164(16), F LORIDA STAT UT E S), BUSINE SS TAX RECEIPT S, OR ANY O T HE R LIC ENS E OR PE R M IT FOR T H E ES TAB LISHME N T O R OPE R AT ION OF AD U LT C ONGREGAT E L IVIN G FAC IL IT IES, ASS IS T E D LIVING FAC IL IT IE S, C R IS IS STABILIZ AT IO N UNIT S, RE SIDE N T IAL DE T OXIF ICAT ION CE N T E R S, C OMMUNIT Y R ES IDE N T IAL HOM ES, AN D R ES IDENT IAL ME D ICAL R EHAB IL ITAT IO N C ENT ERS, AN D ANY S IMILAR O R D ERIVAT IVE US ES ASS OCIAT ED WIT H S U C H US ES, WIT HIN T H E C IT Y, IN ORDER T O PROVIDE T HE CIT Y WIT H AN OP PORT UNIT Y TO R EVIEW AND ENACT DE F INIT IONS AN D R EGULAT IONS GO VERNIN G S AID U SE S; PRO VIDIN G P ENALT IE S FO R ANY VIOLAT ION HE R EOF; P ROVIDIN G FOR SEVE R ABILIT Y; REPEAL ER OF C ONFL ICT IN G O R D INANCE PROVISIONS; AN D PROVID ING F OR A C ONT INUED E F F ECT IVE D AT E OF FE BRUARY 8, 2017 AND EXT E N D ING T HE MORATORIU M T HR OUG H DE C EMB ER 31, 2017; F OR Z ONIN G IN PRO GRE SS PURP OSES, T HIS ORDIN AN CE SHAL L B E E F F EC T IVE UPON F IRS T RE AD ING OF T HIS OR D INANCE. R E C O MME N D ATIO N The A dministration recommends that the C ity C ommission approve the ordinance at F irst Reading and set a S econd Reading P ubli c Hearing for July 26, 2017. AN ALYS IS B AC K GR OU N D On F ebruary 8, 2017, the C ity C ommission referred a discussion item pertaining to A C L F ’s and related facilities to the L and Use and D evelopment C ommittee for discussion and recommendation. On J une 14, 2017, the L and Use C ommittee recommended that a comprehensi ve draft ordinance pertaining to A C L F ’s and Medical Uses be referred to the P lanni ng B oard; this referral will be considered as a separate item on the C onsent A genda. On March 1, 2017, at the request of C ommissioner J ohn E li zabeth A leman, the C ity C ommi ssi on approved a temporary moratori um on the issuance of any land development permi ts, business tax receipts or any other license or permit for the establishment or operation of adult congregate li ving facilities (A C L F ). In addition to A C L F ’s, the moratorium applies to assisted living facilities, crisis stabilization uni ts, residential detoxi fi cation centers, communi ty residential homes, and residential medical rehabilitation centers, and any simi lar or derivative uses associated with Page 152 of 230 such uses. This moratorium, approved for 6 months retroactive to F ebruary 8, 2017, is set to expi re on or about A ugust 7, 2017. P L AN N IN G AN ALYS IS C urrently, the C ity C ode lacks adequate regulations for crisis stabilization units, residential detoxification centers, community residential homes, and residential medical rehabi litati on centers. A dditionally, the term adult congregate living facili ty (A C L F ) has become obsolete and, as currently defined in the C ity C ode, needs to be updated to conform to state law. In addition to replacing the obsolete term ‘A C L F ’ with “assisted livi ng facility,” the C ity C ode needs to be updated to include proper li censure requirements and to comply with state law requirements. The proposed moratorium would allow the C ity adequate time to conduct a zoning and planni ng analysis, and determi ne the locations best sui ted for these uses. The moratorium extension would not apply to appli cations that have received a L and Use B oard Order or a buildi ng permit issued prior to F ebruary 8, 2017, which is the applicable date of the moratori um. It would also not apply to an unsafe structure board order or a lawful order of the B uilding Official. A s proposed, the moratorium would remai n in effect until D ecember 31, 2017, unless earlier rescinded, repealed or extended by an Ordinance or Resolution of the C ity C ommission. The ordi nance is proposed to be effective, R E TR OA C TIV E , to J une 28, 2017. C O N C L U S IO N T he Administration recommends that the City Commission approve the ordinance at First Reading and set a Second Reading Public Hearing for July 26, 2017. Legislativ e Tracking Planning/Office of the City Attorney Sponsor Commissioner John Elizabeth Aleman AT TAC H ME N T S: Description Form Approved Ext Ord Ad Page 153 of 230 ORDINANCE NO. _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, EXTENDING THE TEMPORARY MORATORIUM UNDER ORDINANCE 2017-4073, THROUGH DECEMBER 31, 2017, ON THE ACCEPTANCE, REVIEW, APPROVAL, OR ISSUANCE OF ANY LAND DEVELOPMENT PERMITS (AS THE TERM IS DEFINED IN SECTION 163.3164(16), FLORIDA STATUTES), BUSINESS TAX RECEIPTS, OR ANY OTHER LICENSE OR PERMIT FOR THE ESTABLISHMENT OR OPERATION OF ADULT CONGREGATE LIVING FACILITIES, ASSISTED LIVING FACILITIES, CRISIS STABILIZATION UNITS, RESIDENTIAL DETOXIFICATION CENTERS, COMMUNITY RESIDENTIAL HOMES, AND RESIDENTIAL MEDICAL REHABILITATION CENTERS, AND ANY SIMILAR OR DERIVATIVE USES ASSOCIATED WITH SUCH USES, WITHIN THE CITY, IN ORDER TO PROVIDE THE CITY WITH AN OPPORTUNITY TO REVIEW AND ENACT DEFINITIONS AND REGULATIONS GOVERNING SAID USES; PROVIDING PENAL TIES FOR ANY VIOLATION HEREOF; PROVIDING FOR SEVERABILITY; REPEALER OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FOR A CONTINUED EFFECTIVE DATE OF FEBRUARY 8, 2017 AND EXTENDING THE MORATORIUM THROUGH DECEMBER 31, 2017; FOR ZONING IN PROGRESS PURPOSES, THIS ORDINANCE SHALL BE EFFECTIVE UPON FIRST READING OF THIS ORDINANCE. WHEREAS, on March 1, 2017, the Mayor and City Commission enacted Ordinance 2017-4073, which initiated a six (6) month moratorium relating to the following types of uses: adult congregate living facilities, assisted living facilities, crisis stabilization units, residential detoxrñcañon centers, community residential homes, and residential medical rehabilitation centers, and any similar or derivative uses associated with such uses, within the jurisdictional boundaries of the City; and WHEREAS, the moratorium is set to expire August 7, 2017; and WHEREAS, the City's planning department is in the midst of hiring a medical use planning consultant to advise on the draft ordinance, and as the City is also obtaining input from the City's medical advisory committee, and the community at large additional time is needed to finalize the proposed land use ordinances; and WHEREAS, neither the Planning Board, nor the City Commission meet during the month of August, and additional time is needed to implement the regulations and therefore seek to extend the moratorium through December 31, 2017; and WHEREAS, the Mayor and City Comrrussion have recognized the need for a temporary moratorium on the acceptance, review, approval or issuance of any land development permits, as defined in section 163.3164(16), Florida Statutes, business tax receipts or any other license or permit for the establishment or operation of adult congregate living facilities, assisted living facilities, crisis stabilization units, residential detoxification centers, community residential homes, and residential medical rehabilitation centers, and any similar or derivative uses associated with such uses, within the Jurisdictional boundaries of the City; and Page 154 of 230 WHEREAS, the City has not defined crisis stabilization units, residential detoxification centers, community residential homes, and residential medical rehabilitation centers, and any similar or derivative uses associated with such uses; and WHEREAS, the term adult congregate living facility is obsolete and should be updated to conform to state law, by replacing the obsolete term with "assisted living facility," and the City Code should be updated to include proper licensure requirements and to comply with state law requirements, and WHEREAS, the City desires to provide for such uses, in appropriate locations, but the City must first complete a zoning and planning analysis to determine the locations best suited for such uses; and WHEREAS, as m WCI Communities, Inc. v. City of Coral Springs, 885 So. 2d 912 (Fla. 4th DCA 2004), a court will not interfere with the legislative act of establishing a temporary moratorium in processing plans where there is a rational relationship to the City's legitimate general welfare concern; and WHEREAS, moreover, a court should not set aside the determination of public officers in land use matters unless 1t is clear that their action has no foundation in reason, and is a mere arbitrary or irrational exercise of power having no substantial relation to the public health, the public morals, the public safety of the public welfare m its proper sense Id.; Smithfield Concerned Citizens for Fair Zoning v. Town of Smithfield, 907 F.2d 239, 243 (1st Cir. 1990); and WHEREAS, the first step in ensuring the proper enactment of a moratorium, is to ensure that the City's legislation has a rational basis and legitimate governmental purpose for the imposition of a moratorium; and WHEREAS, the second step is for the Mayor and City Commission to establish a record that the moratorium would further the governmental purpose of creating, finalizing, and adopting amendments to the land development regulations to provide for and regulate the location of said uses; and WHEREAS, the Mayor and City Commission desire to encourage compatible uses within the various zoning districts in order to provide for the needs of the community; and WHEREAS, the Comprehensive Plan may require amendment to ensure the proper location for said uses, and the list of permitted, conditional, and prohibited uses, must be amended in the City's land development regulations; and WHEREAS, siting of said uses must take into consideration the existing and proposed infrastructure, accessibility to emergency and public service vehicles, and proximity to public safety and public facilities; these considerations are critical for the City to ensure the health, safety and welfare of the City's residents and visitors, and WHEREAS, the City Commission realizes that all these changes may have a consequence of increasing demand for City services; and WHEREAS, the City requires time to review, consider, modify, process for adoption, and implement regulations pertaining to the referenced zoning districts, and to evaluate the extent 2 Page 155 of 230 that the existing zoning/land development regulation are effectively implementing the various uses; and WHEREAS, the Courts have recognized that a temporary moratorium is an important land-use planning tool as a means of preserving the status quo during the planning process to ensure that the community's problems are not exacerbated during the time 1t takes to formulate a regulatory scheme, and WHEREAS, it is well-settled that permissible bases for land use restrictions include concern about the effect of the proposed development on traffic, on congestion, on surrounding property values, on demands for City services, and on other aspects of the general welfare. WCI Communities, Inc., 885 So.2d at 915; Com v. City of Lauderdale Lakes, 997 F.2d 1369, 1375 (11th Cir. 1993); and WHEREAS, in order for an ordinance to apply retroactively (1) there must be clear evidence of legislative intent to apply the law retroactively, and (2) when allowed, the retroactive application must be constitutionally permissible, in that the new law may not create new obligations, impose new penalties, or impair vested rights. Jasinski v. City of Miami, 269 F Supp. 2d 1341 (S.D. Fla 2003); and WHEREAS, for purposes of determining whether the retroactive application of a municipal ordinance impairs a vested right under Florida law, a vested right rs defined as an immediate, fixed right of present enjoyment. Id.; and WHEREAS, the moratorium proposed herein rs not the retroactive application of a tax; and WHEREAS, by enacting this Ordinance, the City is not interfering with any vested right obtained as a result of a final order from a City Land Use Board, or any permit already obtained under the Florida Building Code, and WHEREAS, the Mayor and City Commission desire to extend the moratorium on the acceptance, review, approval or issuance of any land development permits, as defined in section 163.3164(16), Florida Statutes, business tax receipts or any other license or permit for the establishment or operation of adult congregate living facihtres, assisted living facilities, crisis stabilization units, residential detoxification centers, community residential homes, and residential medical rehabilitation centers, and any similar or derivative uses associated with such uses, within the jurisdictional boundaries of the City through December 31, 2017 NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. RECITALS. The foregoing recitals are incorporated by this reference as if fully set forth m the text of this Ordinance. The recitals evidence the concern, motivations and reasons for imposition of this Ordinance SECTION 2. MORATORIUM AREA. The moratorium initiated under Ordinance 2017-4073, that was set to expire on August 8, 2017, is hereby extended through December 31, 2017. The imposed moratorium shall be on the acceptance of applications for or the processing of, or the acceptance, review, approval or issuance of any land development permits, as defined in section 163.3164(16), Florida Statutes, business tax receipts or any other license or permit for the establishment or operation of adult congregate living facilities, assisted living facilities, crisis 3 Page 156 of 230 stabilization units, residential detoxification centers, community residential homes, and residential medical rehabilitation centers, and any similar or derivative uses associated with such uses, within the jurisdictional boundaries of the City The moratorium will not prevent or affect (i) applications that have received a Land Use Board Order issued prior to February 8, 2017; (ti) a building permit for demolition issued prior to February 8, 2017; (iii) a lawful order of the building official; or (iv) an unsafe structures board order. SECTION 3. CONSTRUCTION. This Ordinance is to be liberally construed to accomplish its objectives. SECTION 4. DURATION OF MORATORIUM. This Ordinance shall remain in effect through December 31, 2017, unless earlier rescinded, repealed, or extended by an Ordinance or Resolution of the City Commission of the City of Miami Beach. SECTION 5. SEVERABILITY. If any clause, section or other part of this Ordinance shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby, but shall remain in full force and effect. SECTION 6. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 7. EFFECTIVE DATE. This Ordinance shall be effective, retroactively, as of February 8, 2017. PASSED and ADOPTED this __ day of , 2017. Philip Levine Mayor ATTEST: Rafael E. Granado City Clerk First Reading Second Reading. June 28, 2017 July 26, 2017 Verified by:--------- Thomas Mooney, AICP Planning Director (Sponsored by: Commissioner John Elizabeth Alemán) Underscore denotes new language Strikethrough denotes stricken language 4 Page 157 of 230 18NE NEIGHBORS THURSDAY JUNE 15 a I' MIAMIHERALDCUM k A Al B E AC CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING ORDINANCE EXTENDING A TEMPORARY MORATORIUM ON ADULT CONGREGATE LIVING FACILITIES, ASSISTED LIVING FACILITIES, CRISIS STABILIZATION UNITS, RESIDENTIAL DETOXIFICATION CENTERS, COMMUNITY RESIDENTIAL HOMES, AND RESIDENTIAL MEDICAL REHABILITATION CENTERS, AND ANY SIMILAR OR DERIVATIVE USES ASSOCIATED WITH SUCH USES WITHIN THE CITY June 28, 2017 NOTICE IS HEREBY given that a Public Hearing will be heard by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chamber, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on June 28, 2017 at 5:07 p.m., or as soon thereafter as the matter can be heard, to consider: 5:07 p.m. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, EXTENDING THE TEMPORARY MORATORIUM UNDER ORDINANCE 2017 -4073, THROUGH DECEMBER 31, 2017, ON THE ACCEPTANCE, REVIEW, APPROVAL, OR ISSUANCE OF ANY LAND DEVELOPMENT PERMITS AS THE TERM IS DEFINED IN SECTION 163.3154(16), FLORIDA STATUTES), BUSINESS TAX RECEIPTS, OR ANY OTHER LICENSE OR PERMIT FOR THE ESTABLISHMENT OR OPERATION OF ADULT CONGREGATE LIVING FACILITIES, ASSISTED LIVING FACILITIES, CRISIS STABILIZATION UNITS, RESIDENTIAL DETOXIFICATION CENTERS, COMMUNITY RESIDENTIAL HOMES, AND RESIDENTIAL MEDICAL REHABILITATION CENTERS, AND ANY SIMILAR OR DERIVATIVE USES ASSOCIATED WITH SUCH USES, WITHIN THE CITY, IN ORDER TO PROVIDE THE CITY WITH AN OPPORTUNITY TO REVIEW AND ENACT DEFINITIONS AND REGULATIONS GOVERNING SAID USES; PROVIDING PENALTIES FOR ANY VIOLATION HEREOF; PROVIDING FOR SEVERABILITY; REPEALER OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FOR A CONTINUED EFFECTIVE DATE OF FEBRUARY 8, 2017 AND EXTENDING THE MORATORIUM THROUGH DECEMBER 31, 2017; FOR ZONING IN PROGRESS PURPOSES, THIS ORDINANCE SHALL BE EFFECTIVE UPON FIRST READING OF THIS ORDINANCE. This Ordinance is being, heard pursuant to Section 2.05 of the City Charter and §166.041 F.S. 1nguiries maybe directed to the Panning Department at 205.672.7550 andlor the Office of the City Attorney at 305.672.7470. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1'' Floor, City Hall, Miami Beach, Florida 33139. This item is available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1 Floor, City Hall, Miami Beach, Florida 33139. This item may be continued, and under such circumstances, additional legal notice need not be provided. Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence. nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in alternate format, sign language interpreter (live -day notice required), information on access for persons with disabilities, and/or any accommodation to review any document or participate in any City - sponsored proceedings, call 305.604.2489 and select 1 for English or 2 for Spanish, then option 6: TTY users may call via 711 (Florida Relay Service). Ad 1352 Rafael E. Granado, City Clerk City of Miami Beach Page 158 of 230 O rdinances - R5 H COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:J immy L. Morales, City Manager D ATE:J une 28, 2017 5:08 p.m. First Re ading Public He aring S UB J E C T:AN O R D INANCE OF T H E MAYOR AN D CIT Y C OMMISS ION OF T HE C IT Y OF MIAMI B EACH, FL ORID A, AME N D ING CHAP T E R 142 OF T H E C ODE OF T HE C IT Y OF MIAMI B EAC H, E N T IT L ED “Z ONIN G DIST RICT S AND RE GUL AT IONS,” ART ICL E II, “D IS T RIC T R EGULAT IONS,” D IVISION 18, “PS PE R F ORMANCE STANDARD DIST RIC T,” SE C T ION 142-693, “P ERMIT T E D US ES,” TO CL AR IFY T HAT ENT ERTAIN MENT IS N OT P ERMIT T ED IN T H E CIT Y’S PE R F ORMANCE STANDARD DIST R ICT S; AN D PROVID ING F OR R EP EAL ER, S EVE R ABILIT Y, C ODIF ICAT ION, AN D AN E F F ECT IVE D AT E. (I TE M TO BE S U B MI T T ED I N SUPPLE M ENTAL) R E C O MME N D ATIO N I TE M TO B E S UB MI TTED I N S UP P LE ME NTA L. Legislativ e Tracking Planning/Office of the City Attorney Sponsor Commissioner Michael Grieco Page 159 of 230 O rdinances - R5 I COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:Raul A guila, City Attorney D ATE:J une 28, 2017 5:09 p.m. Se cond Re ading Public He aring S UB J E C T:AN O R D INANCE OF T H E MAYOR AN D CIT Y C OMMISS ION OF T HE C IT Y OF MIAMI BEAC H, F LOR IDA, AME N D ING MIAMI BEACH C IT Y CODE CHAP T E R 2, ART ICL E VII, D IVISION 5 E NT IT L E D "CAMPAIG N FIN AN C E R EFOR M," BY AD D ING T H ERE T O S ECT ION 2-491 E N T IT L ED "P R OHIBIT ED L OB BY ING BY C AMPAIGN CO N SULTANT S," P ROHIB IT ING CAMPAIGN CONS U LTAN T S AN D C ERTAIN AF F IL IAT ED P ERSO N S O R ENT IT IES F R OM L OBB YIN G CIT Y C OMMISSION F OR 12 MON T HS SUBSE QUE N T TO S WEARING IN O F S U BJE C T EL ECT ED O F F ICIAL(S), ES TAB LISH ING DE F INIT IONS, AN D L IMIT E D EXE MPT ION; PRO VIDIN G FOR REPE AL E R, S EVE R ABILIT Y, CO D IFIC AT ION, AN D AN EF FE C T IVE D AT E. AN ALYS IS See Memorandum attached. Legislativ e Tracking Office of the City Attorney Sponsor Commissioner Joy Malakoff & Co-sponsored by Vice-Mayor Rosen Gonzalez AT TAC H ME N T S: Description Memorandum Ordinanc e Ad Page 160 of 230 MIAMI BEACH OFFICE OF THE CITY ATTORNEY RAUL J. AGUILA, CITY ATTORNEY COMMISSION MEMORANDUM TO: MAYOR PHILIP LEVINE MEMBERS OF THE CITY COMMISSION CITY MANAGER JIMMY MORALES FROM: RAUL J. AGUIta CITY ATTORNEY DATE: JUNE 7, 2017 SUBJECT: INCREASING STRINGENCY OF CITY OF MIAMI BEACH ETHICS LAWS BY AMENDING CITY CODE CHAPTER 2, ARTICLE VII "STANDARDS OF CONDUCT", DIVISION 5 ENTITLED "CAMPAIGN FINANCE REFORM," BY ADDING THERETO SECTION 2-491 ENTITLED "PROHIBITED LOBBYING BY CAMPAIGN CONSULTANTS," PROHIBITING CAMPAIGN CONSULTANTS AND CERTAIN AFFILIATED PERSONS OR ENTITIES FROM LOBBYING CITY COMMISSION FOR 12 MONTHS SUBSEQUENT TO SWEARING IN OF SUBJECT ELECTED OFFICIAL(S), ESTABLISHING DEFINITIONS, AND LIMITED EXEMPTION; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. On July 13, 2016, the City Commission adopted Ordinance No. 2016-4024, which amended the City's Lobbyists laws to require lobbyists who, within the past election cycle, provided an incumbent member of the City Commission, with campaign consulting services to: 1) disclose such particular services on his/their lobbyist registration form; and 2), orally disclose the specified campaign consulting services before lobbying the City Commission at a public hearing. Pursuant to the request of Commissioner Joy Malakoff, the attached Ordinance has been drafted for the purpose of amending the City's Campaign Finance laws, so as to include therein a City law prohibiting campaign consultants from lobbying the City Commission for a stated period of time. This amendment to the City's ethics laws serves to augment the City's intent of good government, and will once more place the City of Miami Beach at the forefront of local ethics legislation. The attached Ordinance is thus ready for City Commission review and deliberation. Page 161 of 230 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 2, ARTICLE VII, DIVISION 5 ENTITLED "CAMPAIGN FINANCE REFORM," BY ADDING THERETO SECTION 2-491 ENTITLED "PROHIBITED LOBBYING BY CAMPAIGN CONSULTANTS," PROHIBITING CAMPAIGN CONSULTANTS AND CERTAIN AFFILIATED PERSONS OR ENTITIES FROM LOBBYING CITY COMMISSION FOR 12 MONTHS SUBSEQUENT TO SWEARING IN OF SUBJECT ELECTED OFFICIAL(S), ESTABLISHING DEFINITIONS, AND LIMITED EXEMPTION; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach has a paramount interest in preventing corruption or the appearance of corruption which could result in the erosion of public confidence; and WHEREAS, corruption and the appearance of corruption in the form of campaign consultants exploiting their influence with City elected officials on behalf of private interests may erode public confidence in the fairness and impartiality of City governmental decisions; and WHEREAS, permitting a political consultant to lobby the City Commission for a certain period of time immediately following the swearing in of that consultant's former client(s)/Commission member(s) increases the likelihood of corruption or the appearance of corruption in the form of quid pro quo sale of official action; and WHEREAS, prohibitions on campaign consultants lobbying former clients/members of the City Commission will protect public confidence in the electoral and governmental processes. It is thus the purpose and intent of the Miami Beach City Commission in enacting this Ordinance to prohibit campaign consultants from exploiting or appearing to exploit their influence with City elected officials on behalf of private interests. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Miami Beach City Code Chapter 2, Article VII, Division 5 entitled "Campaign Finance Reform," is hereby amended by adding the following City Code section 2- 491 entitled "Prohibited Lobbying by Campaign Consultants" to read as follows: Page 162 of 230 Sec. 2-491. Prohibited Lobbying by Campaign Consultants. A. Prohibition. No campaign consultant shall lobby the City Commission for a period of 12 months following the swearing in of any elected official(s) for whom the campaign consultant provided campaign consulting services within the past election cycle. B. Definitions. (a) "Campaign consultant" means any person or entity that receives or is promised economic consideration in exchange for campaign consulting services to a candidate for elected office in the City of Miami Beach. (1) "Campaign consultant" shall include any individual who has an ownership interest of 10% or greater in the campaign consultant, and any employee of the campaign consultant, except as otherwise excepted below. (2) "Campaign consultant" shall not include: i) any vendor for a campaign whose primary responsibility is to supply goods or services for a campaign. ii) an employee of a campaign consultant whose sole duties are primarily clerical; or iii) an employee of a campaign consultant who did not personally provide campaign consulting services. (b) "Campaign consulting services" means primary responsibility for campaign management or campaign strategy. (c) "Campaign management" means conducting, coordinating or supervising a campaign to elect a candidate. (d) "Campaign strategy" means formulation of plans for the election of a candidate. (e) "Candidate" shall have the meaning ascribed to such term in Florida Statutes, section 97.021(5), as amended and supplemented. (f) "Economic consideration" means any payments, fees, commissions, gifts, or anything else of value received directly or indirectly as consideration for campaign consulting services. The term "economic consideration" does not include reimbursements for out of pocket expenses. (g) "Past election cycle" means the subject immediately preceding City of Miami Beach General Election/Special Election held for the purpose of electing a member of the City Commission. (h) "Lobby" for purposes of this Code Section shall mean the act of seeking to encourage the passage, defeat or modification of any ordinance, resolution, action or decision of any member of the City Commission. C. Limited Exemption. A campaign consultant who has within the past election cycle provided campaign consulting services to an incumbent member of the City Commission, and has entered into a lobbying contract prior to the effective date of the ordinance creating this code section (the term of which lobbying contract includes the subject proscribed 12 month period established in Subsection A above and the scope of which lobbying contract involves lobbying members of the City Commission), is exempt from the proscription herein with limited regard to that subject lobbying contract. Page 163 of 230 APPROVED AS TO FORM & LANGUAGE 11‘ FOR EXEUTION City Attorney ate SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. 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 a 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 5. EFFECTIVE DATE. This Ordinance shall take effect the day of , 2017. PASSED and ADOPTED this day of , 2017. ATTEST: Philip Levine Mayor Rafael E. Granado City Clerk Requested by Commissioner Joy Malakoff f:\atto\agur\comm meetings \06-07-17\ord cmb code 2-491 jo 6.2.17.docx Page 164 of 230 20NE NEIGHBORS THURSDAY JUNE MIAMIHERAED.COM MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING ORDINANCE PROHIBITING CAMPAIGN CONSULTANTS AND CERTAIN AFFILIATED PERSONS OR ENTITIES FROM LOBBYING CITY COMMISSION FOR 12 MONTHS SUBSEQUENT TO SWEARING IN OF ELECTED OFFICIAL(S) June 28, 2017 NOTICE IS HEREBY given that a Public Hearing will be heard by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chamber, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on June 28, 2017 at 5:09 p.m., or as soon thereafter as the matter can be heard, to consider: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 2, ARTICLE VII, DIVISION 5 ENTITLED "CAMPAIGN FINANCE REFORM," BY ADDING THERETO SECTION 2 -491 ENTITLED "PROHIBITED LOBBYING BY CAMPAIGN CONSULTANTS," PROHIBITING CAMPAIGN CONSULTANTS AND CERTAIN AFFILIATED PERSONS OR ENTITIES FROM LOBBYING CITY COMMISSION FOR 12 MONTHS SUBSEQUENT TO SWEARING IN OF SUBJECT ELECTED OFFICIAL(S), ESTABLISHING DEFINITIONS, AND LIMITED EXEMPTION; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. This Ordinance is being heard pursuant to Section 2.05 of the City Charter and §166.041 F.S. inquiries may be directed to the Office of the City Attorney at 305.873.7470. INTERESTED PARTIES are Invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1" Floor, City Hall, Mlantl Beach, Florida 33139. This item Is available for public Inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1=" Floor, City Hall, Miami Beach, Florida 33139. This item may be continued, and under such circumstances, additional legal notice need not be provided. Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the Introduction or admission of otherwise Inadmissible or Irrelevant evidence, nor does It authorize challenges or appeals not otherwise allowed by law. To request this material In alternate format, sign language Interpreter (five -day notice required), information on access for persons with disabilities, and/or any accommodation to review any document or participate in any City-sponsored proceedings, call 305.604.2489 and select 1 for English or 2 for Spanish, then option 6; TTY users may call via 711 (Florida Relay Service). Ad 1345 Rafael E. Granado, City Clerk City of Miami Beach Page 165 of 230 Ordinances - R 5 J COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:Raul J . A guila, City Attorney D ATE:J une 28, 2017 First Re ading S UB J E C T:AN O R D INANCE OF T H E MAYOR AN D CIT Y C OMMISS ION OF T HE C IT Y OF MIAMI BEAC H, F LOR IDA, AME N D ING MIAMI BEACH C IT Y CODE CHAP T E R 2, ART ICL E VII, D IVISION 3 E N T IT L ED “L OB BY IS T S,” S ECT ION 2-482 T HE R EOF ENT IT LED “RE GIST R AT ION; DISCL O SURE S”, BY C ONFORMIN G T HIS C ODE SE C T ION’S L OB BY IS T REGIST R AT ION RE QUIREMENT TO T HE PROSCRIPT ION SE T FO RT H IN COD E SE CT ION 2-491 PRO H IB IT ING C AMPAIGN CONSULTAN T S AND CE RTAIN AF F IL IAT ED P ERS ONS OR E N T IT IES F R OM LO BB YIN G C IT Y CO M MIS SION F OR 12 MONT HS SUB SE QUENT TO SWE ARING IN OF SUBJ E C T EL ECT ED OF F ICIAL(S); PRO VIDIN G FOR R EP EAL ER, SE VERAB IL IT Y, CODIF ICAT ION, AN D AN E F F ECT IVE D AT E. AN ALYS IS See attached memorandum and proposed Ordinance. Legislativ e Tracking Office of the City Attorney Sponsor Commissioner Joy Malakoff AT TAC H ME N T S: Description Memorandum Ordinanc e Page 166 of 230 Ml AMI BEACH OFFICE OF THE CITY ATTORNEY RAULJ. AGUILA, CITY ATTORNEY TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM First Reading MAYOR PHILIP LEVINE MEMBERS OF THE CITY COMMISSION CITY MANAGER JIMMY MORALES RAULJ. AGUILA £L(yvl VT <' CITY ATTORNEY JUNE 28, 2017 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 2, ARTICLE VII, DIVISION 3 ENTITLED "LOBBYISTS", SECTION 2-482 THEREOF ENTITLED "REGISTRATION; DISCLOSURES", BY CONFORMING THIS CODE SECTION'S LOBBYIST REGISTRATION REQUIREMENT TO THE PROSCRIPTION SET FORTH IN CODE SECTION 2-491 PROHIBITING CAMPAIGN CONSULTANTS AND CERTAIN AFFILIATED PERSONS OR ENTITIES FROM LOBBYING CITY COMMISSION FOR 12 MONTHS SUBSEQUENT TO SWEARING IN OF SUBJECT ELECTED OFFICIAL(S); PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. The City Attorney has prepared the attached ordinance as a housekeeping matter, to reflect and incorporate the proscription set forth in Commissioner Joy Malakoffs proposed Ordinance creating Code Section 2-491 (prohibiting Campaign Consultants and certain affiliated persons or entities from lobbying the City Commission for 12 months subsequent to swearing in of subject elected official(s)). Inasmuch as the City's current lobbyist registration laws require lobbyists to disclose if they provided campaign consultant services within the past election cycle to a member of the City Commission, the attached ordinance makes clear that such registration will reflect lobbying activity not otherwise prohibited by Code section 2-491. Page 167 of 230 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 2, ARTICLEDVII, DIVISION 3 ENTITLED "LOBBYISTS", SECTION 2-482 THEREOF ENTITLED "REGISTRATION; DISCLOSURES", BY CONFORMING THIS CODE SECTION'S LOBBYIST REGISTRATION REQUIREMENT TO THE PROSCRIPTION SET FORTH IN CODE SECTION 2-491 PROHIBITING CAMPAIGN CONSULTANTS AND CERTAIN AFFILIATED PERSONS OR ENTITIES FROM LOBBYING CITY COMMISSION FOR 12 MONTHS SUBSEQUENT TO SWEARING IN OF SUBJECT ELECTED OFFICIAL(S); PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Miami Beach City Code Chapter 2, Article VII, Division 3 entitled "Lobbyists", section 2-482 thereof entitled "Registration; disclosures", is hereby amended, in part, to read'as follows: Sec. 2-482. Registration; disclosures. (a) All lobbyists shall, before engaging in any lobbying activities, register with the city clerk. Every person required to register shall register on forms prepared by the clerk, pay a registration fee of $350.00, as specified in appendix A and state under oath: (4) The commissioner or personnel sought to be lobbied, and whether the lobbyist has entered into any contractual relationship (paid or unpaid) with said city commissioner or personnel from 12 months preceding such person's commencement of service with the city to the present date, stating the general nature of the subject contractual relationship, a. A lobbyist who has within the past election cycle provided campaign consulting services to an incumbent member of the City Commission ("which lobbying activity is not otherwise prohibited by Code section 2-4911) shall disclose such particular service on his/her lobbyist registration form and shall orally disclose such particular service before lobbying the City Commission at a public meeting. 1 "No campaign consultant shall lobby the City Commission for a period of 12 months following the swearing in of any elected official(s) for whom the campaign consultant provided campaign consulting services within the past election cycle." City Miami Beach Code sec.2-491 (A), et. sec. Page 168 of 230 SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. 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 a 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 5. EFFECTIVE DATE. This Ordinance shall take effect the day of ,2017. PASSED and ADOPTED this ATTEST: day of 2017. Philip Levine Mayor Rafael E. Granado City Clerk Requested by Commissioner Joy Malakoff APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Attorney Date F:\ATTO\AGUR\Coinin Meetmes\06-28-17\Ord. CMB Code 2-482 JO 06.28.17,docx Page 169 of 230 O rdinances - R5 K COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:Raul J . A guila, City Attorney D ATE:J une 28, 2017 5:10 p.m. First Re ading Public He aring S UB J E C T:AN O R D INANCE OF T H E MAYOR AN D CIT Y C OMMISS ION OF T HE C IT Y OF MIAMI BEAC H, F LO R IDA, P ERTAININ G T O ES TAB LISHING A T E MPO R ARY MORATORIU M F OR SIX MONT HS FRO M T HE EFFE CT IVE DAT E OF T H IS ORDINANCE ON T HE AC C EP TANCE, R EVIEW, AP PRO VAL OR IS SUANCE OF AN Y L AND D EVE LO PME N T P ERMIT S AS T H E T E R M IS DEFINE D IN FL ORID A STAT UT ES S ECT ION 163.3164(16), BUS INE SS TAX RE C EIPT S OR ANY O T HE R LIC ENS E OR PERMIT FO R T H E ES TAB LISHMENT OR OP ERAT ION OF D IS PE NSING FACILIT IES WIT HIN T HE CIT Y E N GAG ED IN T H E O N-SIT E D IS T RIBUT ION, S ALE, DE LIVERY OR RETAIL OF LO W-T H C C AN N ABIS, MEDICAL C AN N ABIS O R CAN N ABIS DEL IVERY DE VICES P U RSUANT TO SE C T IONS 381.986 AND 499.0295 OF T HE F LO R IDA STAT UT ES, IN O R D ER TO PROVIDE T HE C IT Y WIT H AN OP PO RT U N IT Y T O REVIE W AND ENACT R EGULAT IONS G OVE R N ING T H E ES TAB LISHMENT AND OP ERAT ION OF D IS PE NSING FAC IL IT IE S; PRO VIDIN G P ENALT IES FOR VIOLAT ION H ERE OF; PROVIDING FOR SE VERAB IL IT Y; R E P E A L OF CO N F LIC T IN G O R D INANCE PROVIS IONS; AND PRO VIDIN G F OR AN EFFE CT IVE DAT E R ET R OACT IVE TO J U N E 28, 2017; F OR Z ONING IN PROGRE SS P URPOS ES, T HIS O R D INANCE SHAL L BE EF F ECT IVE UP ON F IRST R EADIN G OF T HIS ORDINANCE. R E C O MME N D ATIO N The Administration rec ommends that the C ity Commission approve the moratorium ordinance at First Reading and set a Second Reading Public Hearing for J uly 26, 2017. Legislativ e Tracking Office of the City Attorney Sponsor Commissioners John Elizabeth Aleman & Joy Malakoff AT TAC H ME N T S: Description Page 170 of 230 Medical Cannibis Moratorium E X TE NS I ON - First Read ME M Medical Cannabis Moritorium 1st Rdg FA 6.13.2017 Ad Page 171 of 230 City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: June 28, 2017 FIRST READING SUBJECT: Medical Cannabis Moratorium TITLE IN NOVUS ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission approve the moratorium ordinance at First Reading and set a Second Reading Public Hearing for July 26, 2017. BACKGROUND On November 9, 2016, the City Commission adopted a temporary moratorium ordinance on the issuance of any land development permits, business tax receipts or any other license or permit for the establishment or operation of medical cannabis dispensing facilities within the City. This moratorium expired on or about March 15, 2017. On February 28, 2017 the Planning Board transmitted an LDR Amendment to the City Commission with a favorable recommendation. Upon the Planning Board transmitting the ordinance to the City Commission with a favorable recommendation, Zoning in Progress took effect, requiring any potential medical cannabis dispensaries to comply with the proposed regulations. PLANNING ANALYSIS The proposed temporary moratorium would apply to the establishment and operation of medical cannabis dispensing facilities within the corporate limits of the City of Miami Beach. Under the proposed moratorium, the City would not accept, process or approve any application for business tax receipts, building permits, land use changes, zoning variances or permits, or any other development permits for any property, entity, or individual concerning or related to dispensing facilities engaged in permitted uses under Florida law. This would apply to principal or accessory uses. The subject moratorium, if adopted at Second Reading, would be retroactive to June 28, 2017. As proposed, the moratorium would remain in effect until December 27, 2017, unless earlier rescinded, repealed or extended by an Ordinance of the City Commission. The moratorium is proposed so that the City has time to address all policy issues associated with recent State of Florida regulations pertaining to medical cannabis. Page 172 of 230 Commission Memorandum Medical Cannabis Moratorium - EXTENSION June 28, 2017 Page 2 of 2 CONCLUSION The Administration recommends that the City Commission approve the moratorium ordinance at First Reading and set a Second Reading Public Hearing for July 26, 2017. JLM/SMT/TRM T:\AGENDA\2017\6 - June\Planning June 28\Medical Cannibis Moratorium EXTENSION - First Read MEM.docx Page 173 of 230 ORDINANCE NO .. _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PERTAINING TO ESTABLISHING A TEMPORARY MORATORIUM FOR SIX MONTHS FROM THE EFFECTIVE DATE OF THIS ORDINANCE ON THE ACCEPTANCE, REVIEW, APPROVAL OR ISSUANCE OF ANY LAND DEVELOPMENT PERMITS AS THE TERM IS DEFINED IN FLORIDA STATUTES SECTION 163.3164(16), BUSINESS TAX RECEIPTS OR ANY OTHER LICENSE OR PERMIT FOR THE ESTABLISHMENT OR OPERATION OF DISPENSING FACILITIES WITHIN THE CITY ENGAGED IN THE ON-SITE DISTRIBUTION, SALE, DELIVERY OR RETAIL OF LOW-THC CANNABIS, MEDICAL CANNABIS OR CANNABIS DELIVERY DEVICES PURSUANT TO SECTIONS 381.986 AND 499.0295 OF THE FLORIDA STATUTES, IN ORDER TO PROVIDE THE CITY WITH AN OPPORTUNITY TO REVIEW AND ENACT REGULATIONS GOVERNING THE ESTABLISHMENT AND OPERATION OF DISPENSING FACILITIES; PROVIDING PENALTIES FOR VIOLATION HEREOF; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE RETROACTIVE TO JUNE 28, 2017; FOR ZONING IN PROGRESS PURPOSES, THIS ORDINANCE SHALL BE EFFECTIVE UPON FIRST READING OF THIS ORDINANCE. WHEREAS, pursuant to the Compassionate Medical Cannabis Act of 2014, the Florida Legislature authorized a very limited number of large nurseries to cultivate, process, and dispense non-euphoric, low THC cannabis and operate dispensmq organizations, as of January 1, 2015, and WHEREAS, in 2016, the Florida Legislature amended Section 381.986 of the Florida Statutes to include medical cannabis, revise the requirements for physicians ordering low-THC cannabis, medical cannabis, or cannabis delivery devices, amend the requirements for the culnvation, processing, transportation, and dispensing of low-THC cannabis or medical cannabis, revise the Florida Department of Health's authority and responsibility and provide for penalties, and WHEREAS, pursuant to Section 381 986(8) of the Florida Statutes, a municipality may determine by ordinance the criteria for the number and location of, and other permitting requirements that do not conflict with state law for dispensing facrhtres of dispensing organizations located within its municipal boundaries; and WHEREAS, on October 19, 2016, the Mayor and City Comrmssron enacted a temporary moratorium, thorough May 18, 2017, in order to better understand the land use, and zoning needs of the City, and to better understand the new legislation, and WHEREAS, a second moratorium was proposed, but, was never enacted, and WHEREAS, the planning board heard the items on February 28, 2017, and at which time "zoning-in-progress" went into effect, and WHEREAS, on May 17, 2017, first reading of the medical cannabis business tax receipt ordinance and medical cannabis dispensary zoning ordinance was scheduled, however, the item was opened and continued to the June City Comrrussion meeting; and Page 174 of 230 WHEREAS, first reading of both ordinances was held on June 7, 2017, and second reading was scheduled for July 26, 2017; and WHEREAS, on June 9, 2017, the Florida legislature, during a special session, in less than 48 hours' time - introduced, medmed, and passed, in both houses, a new cannabis bill (SB 8-A, 3rd Engrossed) unlike prior versions, which provides m relevant part. that the regulation of medical marijuana is preempted to the state, except as to the following: (1) the "medical marijuana treatment center (medical cannabis dispensary) cannot be within 500 feet of a public or private school, (2) that a city [or county] may ban medical marijuana treatment centers entirely, or (3), 1f a city does not ban medical marijuana treatment centers, the city "may not place specmc limits, by ordinance, on the number of dispensing facilities that may locate within [that city] " "The city may determine by ordinance the criteria for the location of, and other permitting requirements that do not conflict with state law or department rule for, medical marijuana treatment center dispensing facilities located withm the boundaries of [the city] " Addrtionally, a city "may not enact ordinances for permitting or for determining the location of dispensing facilities which are more restrictive than its ordinances permitting or determining the locations for pharmacies licensed under chapter 465 A municipality or county may not charge a medical marijuana treatment center a license or permit fee in an amount greater than the fee charged by such [city] to pharmacies, and WHEREAS, these sudden rnodifrcatrons in the state law appear to invalidate many of the provrsrons of the City's draft medical cannabis business tax receipt ordinance and the City's medical cannabis zoning regulations, and WHEREAS, the City needs to continue to analyze the new state legislation and its proposed impacts on the City of Miami Beach, and WHEREAS, the City Commission finds that the City requires time to complete the underlying proposed leqrslation, based upon the unexpected state action, and WHEREAS, the time will allow the City sufficient time to determine what zoning districts are best-suited for this particular use, and how best to formulate land development and licensing regulations that will appropriately govern the use of real property for the purpose of on-site distributron, sale, delivery or retail of low-THC cannabis, medical cannabis or cannabis delivery devices, and WHEREAS, the City Commission finds rt rs in the best interest of the citizens of the City to minimize and control the adverse effects of dispensing facilities by adopting appropriate land development and licensing regulations, and WHEREAS, as seen m WCI Communities, Inc v City of Coral Springs, 885 So 2d 912(Fla 4th DCA 2004), a court will not interfere with the legislative act of establishing a temporary moratorium where there 1s a rational relationstup to the City's leqinmate general welfare concern, and WHEREAS, moreover, a court should not set aside the determination of public officers m land use matters unless it rs clear that their action has no foundation in reason, and rs a mere arbitrary or irrational exercise of power having no substantial relation to the public health, the public morals, the public safety of the public welfare m its proper sense Id.; and Smithfield Concerned Citizens for Fair Zoning v Town of Smithfield, 907 F 2d 239, 243 (1st Cir 1990), and 2 Page 175 of 230 WHEREAS, the first step m ensuring a proper moratorium, rs to ensure that the City's leqrslative has a rational basis and leqmmate governmental purpose for the impositron of a moratorium, and WHEREAS, the second step rs for the Mayor and City Cornmrssron to establish a record that the moratorium would further the governmental purpose of creating, fmahzmq, and adopting regulations relating to medical cannabis; and WHEREAS, it rs well-settled that permissible bases for land use restrictions include concern about the effect of the proposed use on traffic, on congestion, on surrounding property values, on demand for City services, and on other aspects of the general welfare. WCI Communities, Inc , 885 So.2d at 915 and Corn v. City of Lauderdale Lakes, 997 F.2d 1369, 1375 (11th Cir. 1993), and WHEREAS, m applying an ordinance retroactively (1) there rs clear evidence of leqrslative intent to apply the law retroactively, and (2) when allowed, the retroactive application is constitutionally permissible, in that the new law does not create new obligations, impose new penalties, or impair vested rights Jasinski v City of Miami, 269 F.Supp.2d 1341 (SD Fla. 2003); and WHEREAS, for purposes of determining whether the retroactive application of a municipal ordinance impairs a vested right under Florida law, a vested right is defined as an immediate, fixed right of present enjoyment, Id , and WHEREAS, the moratorium rs not the retroactive application of a tax, and WHEREAS, the City rs not interfering with a vested right obtained as a result of a final order from a City Land Use Board, or permit already obtained under the Florida Building Code, and WHEREAS, the City Commission finds that imposing a temporary moratorium until adequate regulations have been developed, considered and adopted rs in the best interest of the health, safety and general welfare of the community and the residents of the City; and WHEREAS, the Mayor and City Commission desire to adopt an ordinance proposing a new moratorium for six (6) months NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1 Recitals. The foregoing recitals are incorporated by this reference as if fully set forth in the text of this Ordinance The recitals evidence the concern, motivations and reasons for imposltron of this Ordinance. SECTION 2. Moratorium Imposed. The City of Miami Beach, Florida hereby declares a temporary bu1ld1ng and zoning moratorium on the establishment and operation of dispensing facilities withm the corporate limits of the City of Miami Beach The City shall not accept, process or approve any application for business tax receipts, building permits, land use changes, zoning variances or permits, or any other development permits for any property, entity, or individual concerning or related to dispensing factlitres engaged m permitted uses under Florida law, specifically Florida Statutes Sections 381.986 and 499 0295, whether as a principal or accessory use, so long as this ordinance rs 3 Page 176 of 230 m effect. No person, corporation, partnership or other entity shall establish or operate a dispensmq facility engaged m permitted uses under Florida law, specrñcally Florida Statutes Sections 381 986 and 499.0295. SECTION 3: Duration Of Moratorium. The temporary moratorium shall take effect immediately upon adoption of this ordinance, RETROACTIVE TO FIRST READING, and shall terminate, six (6) months days from the adoption of original moratorium, unless the City Commission adopts the applicable land development and regulatory medical cannabis regulations on a date prior to December 27, 2017, m which case, this moratorium shall automatically end. SECTION 4: Penalties. Every person violating any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be assessed a c1v1I penalty not to exceed $500 OO within the discretion of the court or administrative proceeding (Special Master) having Jurisdiction Each act of violation and each day upon which any such violatron shall occur shall constitute a separate offense ln addition to the penalty prescribed above, the City may pursue other remedies such as abatement of nuisance, injunctive relief, administrative adjudication and revocation of licenses or permits SECTION 5. Construction. This Ordinance is to be liberally construed to accomplish its objectives SECTION 6. Severability. That tf any clause, section or other part of this Ordinance shall be held invalid or unconstitutional by any court of competent [unsdrctron, the remainder of this Ordinance shall not be affected thereby, but shall remain m full force and effect SECTION 7. Repealer. All ordinances or parts of ordinances and all section and parts of sections m conflict herewith be and the same are hereby repealed. SECTION 8. Effective Date. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this __ day of , 2017 ATTEST: Philip Levine, Mayor First Reading: June 28, 2017 Second Reading July 26, 2017¡ / Verified by -----=--_;;...~---, Thomas Mooney, AICP Planning Director Rafael E Granado, City Clerk (Sponsored by: Commissioners John Aleman, and Joy Malakoff) Underscore denotes new language Strikethru denotes stricken language 4 Page 177 of 230 ZONE NEIGHBORS SUNDAY JUNE 18 2017 MIAMIHERALD.COM MIAMIBEACF! CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM FOR SIX MONTHS ON THE ACCEPTANCE, REVIEW, APPROVAL OR ISSUANCE OF ANY LAND DEVELOPMENT PERMITS, BUSINESS TAX RECEIPTS OR ANY OTHER LICENSE OR PERMIT FOR THE ESTABLISHMENT OR OPERATION OF DISPENSING FACILITIES WITHIN THE CITY ENGAGED IN THE ON -SITE DISTRIBUTION, SALE, DELIVERY OR RETAIL OF LOW THC CANNABIS, MEDICAL CANNABIS OR CANNABIS DELIVERY DEVICES. June 28, 2017 NOTICE IS HEREBY given that a Public Hearing will be heard by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chamber, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on June 28, 2017 at 5:10 p.m., or as soon thereafter as the matter can be heard, to consider: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PERTAINING TO ESTABLISHING A TEMPORARY MORATORIUM FOR SIX MONTHS FROM THE EFFECTIVE DATE OF THIS ORDINANCE ON THE ACCEPTANCE, REVIEW, APPROVAL OR ISSUANCE OF ANY LAND DEVELOPMENT PERMITS AS THE TERM IS DEFINED IN FLORIDA STATUTES SECTION 163.3164(16), BUSINESS TAX RECEIPTS OR ANY OTHER LICENSE OR PERMIT FOR THE ESTABLISHMENT OR OPERATION OF DISPENSING FACILITIES WITHIN THE CITY ENGAGED IN THE ON -SITE DISTRIBUTION, SALE, DELIVERY OR RETAIL OF LOW THC CANNABIS, MEDICAL CANNABIS OR CANNABIS DELIVERY DEVICES PURSUANT TO SECTIONS 381.986 AND 499.0295 OF THE FLORIDA STATUTES, IN ORDER TO PROVIDE THE CITY WITH AN OPPORTUNITY TO REVIEW AND ENACT REGULATIONS GOVERNING THE ESTABLISHMENT AND OPERATION OF DISPENSING FACILITIES; PROVIDING PENALTIES FOR VIOLATION HEREOF; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE RETROACTIVE TO JUNE 28, 2017; FOR ZONING IN PROGRESS PURPOSES, THIS ORDINANCE SHALL BE EFFECTIVE UPON FIRST READING OF THIS ORDINANCE. This Ordinance is being heard pursuant to Section 2.05 of the City Charter, Section 118 -164 of the City Code and Section 166.041 F.S. Inquiries may be directed to the Office of the City Attorney at 305.673.7470. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1' Floor, City Hall, Miami Beach, Florida 33139. This item is available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1" Floor, City Hall, Miami Beach, Florida 33139. This item may be continued, and under such circumstances, additional legal notice need not be provided. Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in alternate format, sign language interpreter (five -day notice required), information on access for persons with disabilities, and /or any accommodation to review any document or participate in any City- sponsored proceedings, call 305.604.2489 and select 1 for English or 2 for Spanish, then option 6; TTY users may call via 711 (Florida Relay Service). Ad 1354 Rafael E. Granado, City Clerk City of Miami BeachPage 178 of 230 Resolutions - R 7 A COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:Raul J . A guila, City Attorney D ATE:J une 28, 2017 S UB J E C T:A RE SOLU T ION O F T HE MAYOR AN D C IT Y COMM IS SION OF T HE CIT Y OF MIAMI B EACH, FL ORIDA, IN ACCORDANCE WIT H SE C T ION 18-3.1 OF T HE MIAMI-DADE C OUNT Y C ODE, REQ U ES T IN G T H E MIAMI-D AD E CO U N T Y BOARD OF C OUNT Y C OMMISS IONE R S TO T RANS F ER CONT R OL O F T HE BISCAY NE P OIN T SE C U R IT Y GUARD S PE C IAL TAXING DIST RIC T FROM T HE C OUNT Y TO T H E CIT Y, AN D TO DE SIGNAT E T HE MAYOR AND CIT Y C OMMISSION AS T HE GO VERNIN G B ODY O F T HE S PE C IAL TAXING D IS T RIC T, SUB J ECT TO A MAJ O R IT Y VOT E OF T HE Q U ALIF IE D EL ECTORS R ES IDIN G IN T HE S PECIAL TAXING DIST R ICT. AN ALYS IS Pursuant to the request of Commissioner Michael Grieco, the above-referenced Resolution requesting the transfer of control of the Biscayne Point Security Guard Special Taxing District ("Special Taxing District") from the Miami-Dade County Board of County Commissioners to the Mayor and City Commission of the City of Miami Beach is submitted for consideration by the Mayor and City Commission. T he transfer of control of the Special Taxing District is supported by the Biscayne Point Homeowners Association and would be subject to County approval and a majority vote of qualified electors residing in the Special Taxing District. In 1990, the City of Miami Beach’s ("City") Mayor and City Commission and the Miami-Dade County ("County") Board of County Commissioners (“Board”) approved the creation of the Biscayne Point Security Guard Special Taxing District ("Special Taxing District") in City Resolution No. 90-19919 and County Ordinance No. 90-52 to provide 24-hour security guard service to Biscayne Point. T hereafter, in 2006 and 2007, respectively, the City’s Mayor and City Commission and the County Board approved an amendment to the Special Taxing District in City Resolution No. 2006-26201 and County Ordinance No. 07-62 to provide for increased services, including the installation of cameras and a recording device in the guardhouse. Pursuant to a County Charter Amendment approved by the electorate on November 8, 2016, County Ordinance No. 16-14 was given effect which created a new Section 18-3.1 in the Miami-Dade County Code. T his new County Code Section provides, in part, that by joint resolutions of the County Board and the governing body of a municipality, the governing body of a municipality may be designated as the governing body of an existing special taxing district located entirely within the boundaries of such municipality, subject to a majority vote of the qualified electors residing in the special taxing district at an election called by and conducted as provided by the County Board. In addition, the County has advised that interlocal agreements with the County Board and with the County Tax Collector and Property Appraiser would be needed to effectuate a transfer of control. Page 179 of 230 Legislativ e Tracking Office of the City Attorney Sponsor Commissioner Michael Grieco AT TAC H ME N T S: Description Biscayne P oint Security Guard Special Taing Distic t Reso FA Page 180 of 230 RESOLUTION NO.------ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, IN ACCORDANCE WITH SECTION 18-3.1 OF THE MIAMI-DADE COUNTY CODE, REQUESTING THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS TO TRANSFER CONTROL OF THE BISCAYNE POINT SECURITY GUARD SPECIAL TAXING DISTRICT FROM THE COUNTY TO THE CITY, AND TO DESIGNATE THE MAYOR AND CITY COMMISSION AS THE GOVERNING BODY OF THE SPECIAL TAXING DISTRICT, SUBJECT TO A MAJORITY VOTE OF THE QUALIFIED ELECTORS RESIDING IN THE SPECIAL TAXING DISTRICT. WHEREAS, in 1990, the City of Miami Beach's ("City") Mayor and City Commission and the Miami-Dade County ("County") Board of County Commissioners ("Board") approved the creation of the Biscayne Point Security Guard Special Taxing District ("Special Taxing District") in City Resolution No. 90-19919 and County Ordinance No. 90-52 to provide 24- hour security guard service to Biscayne Point; and WHEREAS, the City's Mayor and City Commission and the County Board approved an amendment to the Biscayne Point Security Guard Special Taxing District in City Resolution No. 2006-26201 and County Ordinance No. 07-62 to provide for increased services, including the installation of cameras and a recording device in the guardhouse; and WHEREAS, on February 2, 2016, the County Board adopted Ordinance No. 16-14, creating a new Section 18-3.1 in the Miami-Dade County Code, providing that, subject to Charter referendum approval at the November 8, 2016 election, a municipality could be authorized to act as the governing body of a special taxing district located entirely within its municipal boundaries, and that control of an existing special taxing district in a municipality could be transferred from the County Board to the governing body of such municipality; and WHEREAS, on November 8, 2016, the electorate approved a County Charter Amendment validating and giving effect to County Ordinance No. 16-14; and WHEREAS, the Biscayne Point Security Guard Special Taxing District is located entirely within the boundaries of the City; and WHEREAS, Section 18-3.1 of the County Code provides, in part, that by joint resolutions of the County Board and the governing body of a municipality, the governing body of a municipality may be designated as the governing body of an existing special taxing district located entirely within the boundaries of such municipality, subject to a majority vote of the qualified electors residing in the special taxing district at an election called by and conducted as provided by the County Board; and WHEREAS, the Mayor and City Commission hereby request the transfer of control of the Biscayne Point Security Guard Special Taxing District from the County Board to the Mayor and City Commission of the City of Miami Beach, and the designation of the Mayor Page 181 of 230 and City Commission as the governing body of the Special Taxing District, subject to a majority vote of the qualified electors residing in the Special Taxing District. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, the Mayor and City Commission, in accordance with Section 18-3.1 of the Miami-Dade County Code, hereby request the Miami-Dade County Board of County Commissioners to transfer control of the Biscayne Point Security Guard Special Taxing District from the County to the City, and to designate the Mayor and City Commission as the governing body of the Special Taxing District, subject to a majority vote of the qualified electors residing in the Special Taxing District; and, further authorize the City Manager to do all things necessary to carry out the intent of this Resolution and direct the City Clerk to transmit a copy of this Resolution to Mayor Carlos A. Gimenez and members of the Miami-Dade County Board of County Commissioners. PASSED AND ADOPTED this_ day of June, 2017. ATTEST: Philip Levine, Mayor Rafael E. Granado, City Clerk F \ATIO\TURN\RESOSIB1scayne Point Security Guard Special Taxing District 2017 RESO doc Page 182 of 230 N ew B usiness and Commission Requests - R 9 A COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:J immy L. Morales, City Manager D ATE:J une 28, 2017 S UB J E C T:D IS CUSSION R EG AR D ING WHET H ER T O C ONT INU E T HE AIR & SE A SHOW F OR T HE 2018 MEMORIAL DAY WEE KE N D (MAY 26, 2018 T HRO U GH MAY 27, 2018), AN D IF S O, WH ET H ER T H E CIT Y COMMIS SION SHOU L D AU T HOR IZE T HE ADM INIST R AT ION TO RE N EG OT IAT E AND CL AR IFY T ERMS (S U C H AS T HOSE REL AT ING T O CIT Y’S FIN AN C IAL CONT RIBU T ION FO R C ERTAIN EVE NT-REL AT ED EXP ENS ES). R E C O MME N D ATIO N The Administration is seeking direction from the Commission. AN ALYS IS On February 1, 2016, the City of Miami Beach (“City”) entered into an Agreement (Exhibit A) with A National Salute to Heroes, L LC (“Producer”) to produce the first ever Miami Beach Air and Sea Show, which took place on the park, beachfront and offshore areas of Ocean Drive and Lummus Park in the City on Saturday, May 27, 2017 and Sunday, May 28, 2017. Per Section 20 of the Agreement, the term is for a period of five years, beginning with the 2017 Air and Sea Show, with the City Commission provided an opportunity under Section 20(a) of the Agreement to consider discontinuing the Agreement only after the conclusion of the first Air and Sea Show. Should the City Commission decide to cancel the Agreement, the Commission must approve a motion to cancel the Agreement and further notify the Producer about its intent to cancel the Agreement prior to July 30, 2017. T he Producer is required to and has been given no less than fourteen (14) days’ notice of this Commission meeting, wherein any such consideration of cancellation of the Agreement may be discussed. T he 2017 Air and Sea Show was considered a successful event and any decision to consider cancellation of the Agreement may not be a reflection of the City’s desire not to continue hosting the Air and Sea Show. However, as there are components of the Agreement that have proven to be challenging to the City in the production of the 2017 Air and Sea Show, this represents the only opportunity within the Agreement to clarify terms for moving forward with the Producer. Among other terms that may be clarified, the Administration would specifically recommend revising Section 17 of the Agreement, which outlines the Event Organizer ’s and the City’s responsibilities for the shared costs of City Police and Fire resources. Other points the City may wish to clarify include responsibilities and contributions for parking, transportation, and other logistics issues moving forward, particularly as the Air and Sea Show ideally continues to become more of a success and brings more attendees to Miami Beach to enjoy the beachfront during Memorial Day Weekend. C O N C L U S IO N Page 183 of 230 T he Administration is seeking direction from the Commission. K E Y IN T E N D E D O U TC O ME S S U P P O R TE D Maximize The Miami Beach Brand As A World Class Destination Legislativ e Tracking Tourism, Culture and Economic Development Page 184 of 230 N ew B usiness and Commission Requests - R 9 B COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:Raul J . A guila, City Attorney D ATE:J une 28, 2017 S UB J E C T:D IS CUSS APP ROVAL OF AMICUS BRIE F ON BEHAL F O F CIT IES AD VOCAT ING F OR T RANS GE NDER INCL USIVE HEALT H C AR E F OR VET ERANS OF T HE U.S. AR MED F OR C ES. AN ALYS IS See Memorandum attached. Legislativ e Tracking Office of the City Attorney Sponsor Commissioner Micky Steinberg AT TAC H ME N T S: Description Memorandum and Attac hment Page 185 of 230 OFFICE OF THE MAYOR AND COMMISSION COMMISSION MEMORANDUM TO: City Manager Jimmy Morales FROM: Commissioner Micky Steinberg DATE: June 21, 2017 SUBJECT: Agenda Item for June 28, 2017 City Commission Meeting Transgender Amicus Brief Please place a discussion item on the June 28, 2017 City Commission meeting agenda regarding an amicus brief that the City has been asked to join. The amicus brief must be filed today if the City decides to join, making this item time-sensitive. Lambda Legal, a national LGBT legal advocacy group, has requested that the City sign onto an amicus brief of governments and businesses that provide trans-inclusive health benefits. The brief has already been drafted, so no work on our part is required. The case is a challenge to the V.A.’s denial of trans-inclusive healthcare to veterans. A copy of the proposed brief is attached. If you have any question, please do not hesitate to contact Robert Rosenwald in the City Attorney’s Office. Best Regards, Tathiane Trofino On behalf of Commissioner Micky Steinberg Attachment F:\ATTO\ROSR\RFR CMB\MARRIAGE EQUALITY\Mayor and Commission Memo Transgender Amicus Brief.docx Page 186 of 230 1168097 2017-1460 IN THE United States Court of Appeals for the Federal Circuit DEE FULCHER, GIULIANO SILVA, and the TRANSGENDER AMERICAN VETERANS ASSOCIATION, Petitioners, v. SECRETARY OF VETERANS AFFAIRS, Respondent. On Petition for Review Pursuant to 38 U.S.C. § 502 BRIEF OF AMICI CURIAE CITIES, COUNTIES, AND BUSINESSES IN SUPPORT OF PETITIONERS SHARIF E. JACOB PHILIP J. TASSIN Principal Attorney of Record KEKER, VAN NEST & PETERS LLP 633 Battery Street San Francisco, CA 94111 (415) 391-5400 PATRICIA PALACIOS JOHANNA DENNEHY JAMIE A. GLIKSBERG STEPTOE & JOHNSON LLP 1330 Connecticut Avenue, NW Washington, D.C. 20036 (202) 429-3000 JAMES R. WILLIAMS, County Counsel GRETA S. HANSEN, Chief Assistant County Counsel JULIE WILENSKY, Deputy County Counsel CARA H. SANDBERG, Deputy County Counsel OFFICE OF THE COUNTY COUNSEL COUNTY OF SANTA CLARA 70 West Hedding Street East Wing, 9th Floor San Jose, CA 95110 (408) 299-5900 Attorneys for Amici Curiae [Complete List of Amici Curiae and Counsel in Addendum] June 28, 2017 DRAFT 6/7/17 10:20 AM DRAFTPrivileged & Confidential Page 187 of 230 1168097 [FORM 9 CERTIFICATES OF INTEREST] DRAFTPrivileged & Confidential Page 188 of 230 1 1168097 INTEREST OF AMICI CURIAE Amici are American cities, counties, and businesses that offer transgender- inclusive medical benefits—including coverage for gender-confirmation surgery— for their employees, their employees’ family members, and, in some instances, for the public at large.1 The public-entity amici are home to many of the country’s 1.4 million transgender adults, and both the public-entity amici and business amici employ transgender people—including transgender veterans—and have employees with transgender family members. Although amici vary widely in size, location, and role in society, they share core values of equality, dignity, and respect for all people, regardless of their gender identity. Thus, amici have a strong interest in protecting transgender members of their communities from discriminatory and marginalizing policies, such as the Department of Veterans Affairs’s (“Department” or “VA”) regulation excluding gender-confirmation surgery from the suite of medical benefits available to veterans. Amici submit this brief to share their broad, collective experience offering and administering transgender-inclusive medical benefits, including coverage for gender-confirmation surgery. Amici’s extensive experience demonstrates the benefits and negligible costs of providing comprehensive care for transgender individuals, and confirms that there can be no legitimate purpose to the VA’s ban 1 A complete listing of amici is provided in the Addendum to this brief. DRAFTPrivileged & Confidential Page 189 of 230 2 1168097 on coverage for gender-confirmation surgery. Such policies serve only to stigmatize individuals who already face severe discrimination. Perspectives featured in this brief are drawn from interviews that counsel for amici conducted in Spring 2017; synopses of those interviews are on file with Keker, Van Nest & Peters LLP, the Office of the County Counsel for the County of Santa Clara, and Steptoe & Johnson LLP. Amici whose employees were not interviewed or are not quoted in this brief have experiences consistent with those featured.2 2 Pursuant to Federal Rule of Appellate Procedure 29(a)(4)(E), amici affirm that that no counsel for a party authored this brief in whole or in part, and that no person other than amici and their counsel contributed money to fund its preparation or submission. Pursuant to Federal Rule of Appellate Procedure 29(a) and Federal Circuit Rule 29(c), amici affirm that all parties have consented to the filing of this brief, so no motion for leave is required. DRAFTPrivileged & Confidential Page 190 of 230 3 1168097 SUMMARY OF ARGUMENT Prior to the November 2016 election, the Department of Veterans Affairs was on the right course, having announced that it was reconsidering its discriminatory regulation excluding surgery for “[g]ender alterations” from the health benefits offered to veterans. See 38 C.F.R. § 17.38(c)(4). After the election, however, the Department abruptly reversed course, denying Petitioners’ request to change its rule until “appropriated funding is available” from Congress. To amici—cities, counties, and major American businesses from every corner of the country—the Department’s purported justification for refusing to repeal the exclusion rings hollow. Amici all offer transgender-inclusive medical benefits, including coverage for gender-confirmation surgery—whether through their health plans as employers, or as the providers of health plans or programs to the public—and in their experience, providing such comprehensive care does not impose significant costs on health plans. Their collective experience, and the VA’s own cost estimates, undermine any claim that additional appropriations are required for the Department to cover such care for transgender veterans. In amici’s view, providing such comprehensive care is essential for promoting their shared values of equal respect and dignity for all people, and denying such care can have only the illegitimate purpose of disadvantaging transgender people as a group. Accordingly, amici urge DRAFTPrivileged & Confidential Page 191 of 230 4 1168097 the Court to grant the Petition for Review and reverse the Department’s unsupportable refusal to change 38 C.F.R. § 17.38(c)(4). DRAFTPrivileged & Confidential Page 192 of 230 5 1168097 ARGUMENT I. Amici’s Experience Proves that Providing Transgender-Inclusive Medical Benefits, Including Gender-Confirmation Surgery, Promotes Important Interests Without Imposing Significant Costs. A. Transgender People Are an Integral Part of Amici’s Communities, and Amici Share a Strong Interest in Protecting Them from Discrimination. Scientific estimates of the size and characteristics of the transgender population only confirm what amici already know: transgender people, including transgender veterans, are an integral strand in the fabric of our communities.3 They are our neighbors, our coworkers, and members of our families. Like anyone else living in the amici cities and counties, transgender residents pay taxes and rely on public services. And like anyone else, they work for a living, with many transgender people working as employees of the business amici as well as the 3 At present, there are no national, population-based surveys that measure the exact size and characteristics of the transgender population in the United States. However, there are some state-level surveys that identify transgender respondents, which researchers can use to estimate the size of the national transgender population. Extrapolating from such state-level data, researchers with UCLA’s Williams Institute estimate that 0.6% of adults in the United States identify as transgender, amounting to approximately 1.4 million people. Andrew Flores et al., How Many Adults Identify as Transgender in the United States? 2–3 (Williams Inst. June 2016), available at https://perma.cc/KS3J-LVNJ. Transgender people live in every state, with populations ranging from 0.3% in North Dakota to 0.8% in Hawaii. Id. at 3–4. Among them, an estimated 21.4% are serving or have served in the U.S. armed forces, more than double the rate for the general population. Gary J. Gates and Jody L. Herman, Transgender Military Service in the United States 3–4 (Williams Inst. May 2014), available at https://perma.cc/DX6H-NYTU. DRAFTPrivileged & Confidential Page 193 of 230 6 1168097 public-entity amici. Amici are therefore united in their commitment to treating transgender people with equal dignity and respect. Consistent with their shared values of equal dignity and respect for transgender people, amici have enacted laws, workplace policies, and other programs to protect transgender people from the discrimination, exclusion, and violence that many face in their daily lives. For example, since 2003, the Santa Clara County Board of Supervisors has explicitly included gender identity in its nondiscrimination policy on County employment and access to County programs, services, and contracting opportunities. In 2016, the County established the Office of LGBTQ Affairs to, among other things, promote equality and advance the rights of transgender residents. [PROVIDE MORE EXAMPLES FROM AMICI.] Moreover, and as further explained below, amici have taken steps to ensure that transgender members of their communities are treated equally with respect to their healthcare. See infra Section I.B. Amici see these measures as essential for ensuring a just society where all people, including transgender people, may lead lives with dignity and respect. B. Amici Have Experience Providing Transgender-Inclusive Medical Benefits, Including Gender-Confirmation Surgery, for Employees and Residents, and Have Found That Doing So Promotes Important Interests. An increasing number of businesses and local governments provide transgender-inclusive medical benefits. The Human Rights Campaign (“HRC”), DRAFTPrivileged & Confidential Page 194 of 230 7 1168097 which issues an annual report rating private companies on LGBT equality, reports that in 2017, a record 647 (73%) of the rated businesses offer employees a health plan that provides transgender-inclusive health care, including gender-confirmation surgery. Human Rights Campaign, 2017 Corporate Equality Index 25–26, available at https://perma.cc/UP8E-U9WD. Similarly, HRC’s Municipal Equality Index, which rates the LGBTQ-inclusiveness of cities across the United States, reports that in 2016, 86 of the 506 rated cities offered their employees a health plan that provides transgender-inclusive health care, including gender-confirmation surgery. Human Rights Campaign, 2016 Municipal Equality Index 14, available at https://perma.cc/AY65-HKHR. All amici have direct experience providing health plans to their employees that cover medical care for transgender people, including gender-confirmation surgery. For example, the County of Santa Clara offers its employees a choice of plans through three medical benefit providers, all of which provide coverage for transition-related care, including gender-confirmation surgery. [ADD EXAMPLES IDENTIFYING OTHER PUBLIC-ENTITY AMICI AND BUSINESS AMICI PLANS]. In addition to providing medical benefits to their employees, some of the public-entity amici operate health plans or other programs that provide medical care, including gender-confirmation surgery and other transition-related care, to DRAFTPrivileged & Confidential Page 195 of 230 8 1168097 their residents. Valley Health Plan (“VHP”), which is operated by the County of Santa Clara, provides coverage for a broad range of services for plan members and Medi-Cal beneficiaries who are transgender, including gender-confirmation surgery.4 VHP covers gender-confirmation surgery, like any other surgery, when it is medically indicated for the patient and consistent with current clinical guidelines. Id. As VHP’s Chief Medical Officer Dr. Dolly Goel explained: We cover the comprehensive health care needs of transgender people in the same way we cover the comprehensive health care needs of people who aren’t transgender. . . . We don’t see gender reassignment surgery or other services for transgender people as “special” services—these are the kind of services we provide to any plan member. Id. [ADD OTHER PUBLIC-ENTITY AMICI.] Amici have universally found that covering transition-related medical care, including gender-confirmation surgery, furthers essential interests: it benefits amici’s transgender employees, it benefits amici’s employees who have transgender children, it bolsters amici’s ability to recruit and retain employees, and it benefits public health generally. 4 Telephone Interview with Dr. Dolly Goel (“Dr. Goel Interview”), Chief Medical Officer, Valley Health Plan, in San Jose, Cal. (May 25, 2017). VHP, which has served the Santa Clara County community for more than 30 years, has approximately 21,000 commercial members (including County employees and other employee groups) and 8,000 members through Covered California, California’s health insurance marketplace for individuals and families under the Affordable Care Act. VHP also manages the care of approximately 140,000 Medi- Cal beneficiaries. Id. DRAFTPrivileged & Confidential Page 196 of 230 9 1168097 1. Providing Transgender-Inclusive Medical Benefits, Including Gender-Confirmation Surgery, Benefits Amici ’s Transgender Employees. “The intent of employer-provided health care coverage is to promote a productive and healthy workforce,” and “[i]nclusive coverage options for transition-related care help to achieve the goal of promoting health and wellness across the spectrum of workforce diversity.” Human Rights Campaign, Transgender-Inclusive Health Care Coverage and the Corporate Equality Index 4 (2012), available at https://perma.cc/H2GL-CQNQ. A diverse, inclusive workplace environment “increases the total human energy available to the organization. People can bring far more of themselves to their jobs because they are required to suppress far less.” Only Skin Deep? Re-examining the Business Case for Diversity, Deloitte Point of View (Sept. 2011), available at https://perma.cc/WY4J-M3PT (citing Frederick A. Miller & Judith H. Katz, The Inclusion Breakthrough (2002)). Working in an LGBT-supportive workplace results in “greater job commitment, improved workplace relationships, increased job satisfaction, improved health outcomes, and increased productivity among LGBT employees.” M.V. Badgett et al., The Business Impact of LGBT-Supportive Workplace Policies 1 (Williams Inst. May 2013), available at https://perma.cc/ 9QEP-VNYV. [ADD MORE EXAMPLES FROM AMICI] DRAFTPrivileged & Confidential Page 197 of 230 10 1168097 2. Providing Transgender-Inclusive Medical Benefits, Including Gender-Confirmation Surgery, Benefits Amici ’s Employees Who Have Transgender Family Members. For amici’s employees who have transgender family members, the value of transgender-inclusive health care policies, including ones that cover gender- confirmation surgery, cannot be overstated. As an executive-level employee of the County of Santa Clara put it, “having access to the health care my daughter needs is everything to us.” Interview with County of Santa Clara Department Head (“County Department Head Interview”), San Jose, Cal. (May 23, 2017).5 Since he started working at the County in 2010, the Department Head has had medical benefits through Health Net (one of the standard health plans offered to employees), which has covered a wide range of medical care related to his teenage daughter’s gender transition, including extensive counseling for the child and parents, placement of a “puberty blocker” through a surgical procedure, and most recently, hormone therapy. As he explained: Having a teen is hard enough, it’s so emotional, and the suicide rates of transgender kids are so high, that we need to make sure our child is getting appropriate medical care. . . . We are lucky to have a team of well-trained, culturally competent doctors delivering services in a way that’s allowed my daughter to flourish—she gets straight As, is a double black belt in martial arts, and is a musician. She’s an amazing child. And she has been able to do all these things because we haven’t had to spend our time and energy fighting the health plan to 5 The employee’s identifying characteristics have been changed or omitted to protect the privacy of the employee’s child. DRAFTPrivileged & Confidential Page 198 of 230 11 1168097 get medical care. . . . I can’t imagine what would it would be like if we didn’t have this health coverage. Id. He also spoke about the importance of the plan covering gender-confirmation surgery: [My daughter] has always wanted to have surgery once she is 18, right before her transition to college. This is a medical decision she will make for herself when she is 18, but we all feel relieved knowing that that can be her choice, rather than something determined by our family finances. And this way we can focus on thinking about colleges instead of worrying about her medical care. She’ll be able to start college like every other girl. Id. [ADD OTHER EXAMPLES FROM AMICI] 3. Providing Transgender-Inclusive Medical Benefits, Including Gender-Confirmation Surgery, Bolster Amici ’s Ability to Recruit and Retain Employees. Providing transgender-inclusive health benefits, including gender- confirmation surgery, bolsters amici’s ability to recruit and retain employees. As the Santa Clara County Department Head stated, “I wouldn’t be working at the County if I couldn’t get these health benefits for my family. I would go someplace else that had these benefits. It’s that important.” Id. He also stressed how having this care available for his family “keeps me able to be focused on work.” Id. [ADD OTHER EXAMPLES FROM AMICI] 4. Transgender-Inclusive Medical Benefits Significantly Improve the Health and Wellbeing of Transgender People. DRAFTPrivileged & Confidential Page 199 of 230 12 1168097 Transgender-inclusive health policies that cover comprehensive care, including gender-confirmation surgery, promote amici’s interest in the health and wellbeing of their employees and residents. Studies show that gender affirming/confirming surgery “plays an undisputed role in contributing toward favorable outcomes” for transgender people. WPATH, Position Statement on Medical Necessity of Treatment, Sex Reassignment, and Insurance Coverage in the U.S.A. (“WPATH Med. Necessity Stmt”) (Dec. 21, 2016), available at https://perma.cc/7P79-M4JP. “In some cases, such surgery is the only effective treatment for the condition [of gender dysphoria], and for some people genital surgery is essential and life-saving.” Id. For example, a study showed that transgender men who had undergone chest reconstruction surgery “had significantly higher scores for general health, social functioning, as well as mental health.” WPATH Med. Necessity Stmt. (citing E. Newfield et al., Female-to-Male Transgender Quality of Life 15:9, Quality of Life Research, 1447–57 (Nov. 2006)). In another study, transgender women who had undergone gender-confirming surgeries had mental health scores comparable to other women, while those who could not access care scored much lower on mental health measures. Cal. Dep’t of Ins., Economic Impact Assessment: Gender Nondiscrimination in Health Insurance (“Eco nomic Impact Assessment”) 9, 10 (Apr. 13, 2012), available at https://perma.cc/XBU7-CXG7 (citing T. Ainsworth et al., 19 Quality of Life of DRAFTPrivileged & Confidential Page 200 of 230 13 1168097 Individuals With and Without Facial Feminization Surgery or Gender Reassignment Surgery, Quality of Life Research, 1019–1024 (2010)). In reviewing empirical research, the California Department of Insurance noted that “[o]ne of the most severe results of denying coverage of treatments to transgender insureds . . . is suicidal ideation and attempts,” and cited “studies provi[ding] overwhelming evidence that removing discriminatory barriers to treatment results in significantly lower suicide rates.” Economic Impact Assessment at 9, 10. It concluded that prohibiting discrimination against transgender people in insurance plans would have a “significant beneficial impact on the health, welfare and safety of the transgender population.” Id. at 9. [ADD EXAMPLES FROM AMICI] C. Providing Transgender-Inclusive Medical Benefits, Including Gender-Confirmation Surgery, Does Not Impose Significant Costs. Amici share the VA’s interest in ensuring the efficient and cost-effective provision of medical benefits. But contrary to the VA’s apparent belief that an additional congressional appropriation is necessary to cover gender-confirmation surgery for veterans, empirical research, amici’s experience, and the VA’s own cost estimates demonstrate that covering health care for transgender people— including gender-confirmation surgery—does not result in significant costs. Many studies show that providing comprehensive transition-related care, including gender-confirmation surgery, does not result in significantly higher costs DRAFTPrivileged & Confidential Page 201 of 230 14 1168097 for health plans or coverage providers. A 2013 study of thirty-four public and private employers found that employers reported very low actual costs, if any, from providing transition-related coverage in their health benefits plans. Jody L. Herman, Costs and Benefits of Providing Transition-Related Health Care Coverage in Employee Health Benefits Plans, (Williams Inst. Sept. 2013), available at https://perma.cc/B6WN-U8XZ. Similarly, a study of the actual costs from the first five years that the City and County of San Francisco covered its transgender employees’ health needs showed that claims for transition-related care represented only “a tiny fraction of total claims (whether for surgical services or for all services combined).” Human Rights Campaign, San Francisco Transgender Benefit: Actual Cost & Utilization (2001-2006), https://perma.cc/LD7W-N2GQ (last visited May 23, 2017). These studies attribute the minimal costs associated with transgender- inclusive benefits, including coverage of gender-confirmation surgery, to several factors. The first is low utilization. Transgender people are a small portion of the population, and not all transgender people undergo medical treatment or seek the same treatment. Madeleine B. Deutsch, Overview of Gender Affirming Treatments and Procedures, UCSF Ctr. of Excellence for Transgender Health, available at https://perma.cc/F2K6-4YHF (last visited May 26, 2017). For example, in the first five years that San Francisco offered transition-related care to its employees, only DRAFTPrivileged & Confidential Page 202 of 230 15 1168097 thirty-seven surgical benefit claims were made; San Francisco initially estimated that providing this coverage would cost $1.75 million per year, but found that the actual cost was only $77,282 per year. Aaron Belkin, Cost to VHA of Providing Transition-Related Surgery, Palm Center, available at https://perma.cc/4AZZ- D8F4; Cal. Dep’t of Ins., Economic Impact Assessment: Gender Nondiscrimination in Health Insurance (Apr. 13, 2012), available at https://perma.cc/XBU7-CXG7. Similarly, the study of thirty-four public and private employers found the following utilization rates for transition-related health care benefits: 1 out of 10,000 employees for employers with 1,000–10,000 employees, and 1 out of 20,000 employees for employers with 10,000–50,000 employees. Herman, supra, at 2. While the number of gender-confirming surgeries has increased in recent years due to improved access to health care generally, the total number of gender-confirming surgeries performed each year in the United States remains very small: approximately 2,300 in 2016. Mary Bowerman, Gender Confirmation Surgeries on the Rise Shows Report by American Society of Plastic Surgeons, USA Today Network (May 22, 2017), available at https://perma.cc/5VJG-WWZN (last accessed May 25, 2017). Second, the provision of gender-confirmation surgery can result in cost savings from improved continuity of care. Employers who already cover most transition-related care, but exclude surgery, must cover post-operative DRAFTPrivileged & Confidential Page 203 of 230 16 1168097 complications and other medical issues arising from surgeries performed outside of the designated medical care system. Belkin, supra, at 3. Providing coverage for a wide range of transition-related medical benefits, including surgery, ensures that all medical care is handled within one system and increases financial savings from enhanced continuity of care. Id. Third, coverage for gender-confirmation surgery can mitigate other serious and expensive medical conditions such as suicidality, substance abuse, and other conditions resulting from lack of treatment for gender dysphoria, all of which impose substantial costs on a benefits plan. Id.; see generally Cal. Dep’t of Ins., Economic Impact Assessment. Any negligible increase in costs is offset in whole or in part by reduced costs in health care that may otherwise be necessary for medical conditions left untreated when transition-related surgery is excluded from benefits coverage. See id. at 9–12. The Department’s own economic impact analysis of the rule change requested here is consistent with these studies, and shows that removing the restriction on gender-confirmation surgery from the VA’s medical benefits package would not have a significant economic impact on the VA’s budget. Indeed, when considering the potential economic impact of the requested rule change, the Department estimated that the VA would provide transition-related care of all kinds—including hormone therapy, surgery, and other therapies—to DRAFTPrivileged & Confidential Page 204 of 230 17 1168097 only 687 veterans a year. U.S. Dep’t of Veterans Affairs, Economic Impact Analysis for RIN 2900-AP69, Removing Gender Alterations Restriction from the Medical Benefits Package (“Economic Impact Analysis”), Attachment 1 at 3 (July 29, 2016); see also Belkin, supra, at 1. Only a fraction of those estimated 687 veterans will seek surgical care, a number that pales in comparison to the approximately 8.9 million veterans served by the VA (some of which already receive the same surgical care for reasons other than gender dysphoria). See U.S. Dep’t of Veterans Affairs, About VHA, archived at https://perma.cc/3XNP-GLFM (last visited June 2, 2017). Even using “the most conservative (highest) cost projection possible,” the Department estimates that if each of these individuals used “every possible” medical service available to them—which they will not—it would cost the Department just over $17.9 million in the first three years, Economic Impact Analysis at 3, 4, 8. Because not all of the 687 veterans will seek surgical transition-related care, the actual cost will be a tiny fraction of the $186.5 billion budget the President has proposed for the Department for 2018. See Press Release, U.S. Dep’t of Veterans Affairs, Care and Benefits for Veterans Strengthened by $186 Billion VA Budget (May 23, 2017), available at https:// perma.cc/QX9T-BBFV. Amici’s experience has been consistent with both the Department’s cost projection and the general studies. Dr. Dolly Goel, the Chief Medical Officer of DRAFTPrivileged & Confidential Page 205 of 230 18 1168097 the County of Santa Clara’s Valley Health Plan, said that “providing gender- reassignment surgery has not imposed significant costs on our system.” Dr. Goel Interview. Dr. Goel also stated that utilization is low—she recalls fewer than 10 VHP plan members or Medi-Cal beneficiaries having gender-confirmation surgery in the past several years. Id. In addition, some of the procedures associated with gender confirmation are frequently performed for purposes other than treating gender dysphoria: “We provide a mastectomy for people who have breast cancer, and we provide a mastectomy for transgender men.” Id. [ADD INFORMATION FROM OTHER AMICI.] II. In Light of Amici’s Experience, the VA’s Refusal to End its Exclusion of Gender-Confirmation Surgery from Veterans’ Health Benefits Cannot Withstand Even the Most Deferential Standard of Review. A. The VA’s Refusal to Cover Gender-Confirmation Surgery Worsens Already Pervasive Discrimination Against Transgender People, Undermining Amici’s Core Values and Harming Public Health. Although amici have taken a number of steps to ensure that transgender people are treated with respect within their jurisdictions and workplaces, they hold no illusions that their protections have eliminated all discrimination and injustice from the lives of their transgender residents and employees. Indeed, despite protective laws and policies like those amici have enacted, transgender individuals continue to face severe hardships and barriers in many aspects of their daily existence. See generally Sandy E. James et al., The Report of the 2015 U.S. DRAFTPrivileged & Confidential Page 206 of 230 19 1168097 Transgender Survey (Nat’l Ctr. for Transgender Equality 2016), available at https://perma.cc/ZS7W-GTQM; see also Jaime M. Grant et al., Injustice at Every Turn: A Report of the National Transgender Discrimination Survey (Nat’l Ctr. for Transgender Equality and Nat’l Gay & Lesbian Task Force 2011), available at https://perma.cc/5G32-JXSV. For example, in the most comprehensive nationwide survey of transgender people to date, nearly 48% of the respondents reported that they were denied equal treatment, verbally harassed, or physically attacked in the preceding year because of their transgender identity. James et al., Transgender Survey, supra, at 198–204. Nearly a quarter of transgender people have experienced housing discrimination, such as being evicted or denied a home, while one-third of transgender Americans have experienced homelessness. Id. at 176–80. The hardships transgender individuals face extend to the healthcare realm, with 33% of respondents reporting negative experiences with a health care provider, and 23% declining to seek needed medical care for fear of mistreatment. Id. at 92–99. For transgender veterans, the VA’s categorical refusal to cover gender- confirmation surgery is an especially painful form of discrimination. Not every transgender person needs or wants surgical care—or transition-related medical care at all—but many do, and having access to that treatment is essential for their physical and mental wellbeing. See World Prof’l Ass’n for Transgender Health DRAFTPrivileged & Confidential Page 207 of 230 20 1168097 (“WPATH”), Standards of Care for the Health of Transsexual, Transgender, and Gender Nonconforming People 54–55 (version 7) (collecting studies), available at https://perma.cc/ZY3Q-GHGR. Left untreated, such individuals may never find relief from the debilitating anxiety and depression that often accompany gender dysphoria. Id. And more generally, singling out transgender people for exclusion, as the VA’s policy does, further stigmatizes the transgender population, contributing to the well-documented link between discrimination and significant health disparities in the transgender population. See James et al., Transgender Survey, supra, at 103–07 (finding that transgender individuals were eight times more likely to experience serious psychological distress as a result of societal marginalization); id. at 114 (finding that 82% of transgender individuals had seriously thought about killing themselves at some point in their lives, and that 40% had attempted suicide—nine times the rate for the general population). By refusing to provide medically-necessary health care for transgender veterans—including procedures that the VA covers for veterans who are not transgender—the VA not only harms the health of these veterans, but also undermines the core values of equality and respect that public institutions like the VA should promote and advance. As explained below, amici’s collective experience reveals that there can be no legitimate purpose behind the VA’s ban on gender-confirmation surgery, leading to the unavoidable conclusion that the policy DRAFTPrivileged & Confidential Page 208 of 230 21 1168097 is intended to discriminate against transgender veterans. When an institution as vast and essential as the VA singles out an already vulnerable population for discrimination, it thwarts the public’s interest in maintaining just and peaceful communities where all members may live to their maximum potential. For that reason and the reasons explained below, the VA’s refusal to change its discriminatory policy must be reversed. B. There Is No Legitimate, Rational Basis for the VA’s Exclusion of Gender-Confirmation Surgery from Veterans’ Health Benefits. Amici agree with Petitioners that the VA’s regulation excluding gender- confirmation surgery from veteran’s health benefits should be reviewed with strict, or at least heightened, scrutiny, for at least two reasons. See Pet., Ex. 1 at 28–33, ECF No. 1-2. First, as federal agencies and the majority of federal appellate courts to consider the issue have concluded, discrimination against transgender people is a form of sex discrimination. See, e.g., Ashton Whitaker v. Kenosha Unified Sch. Dist., — F.3d —, No. 16-3522, 2017 WL 2331751, at *1, *11 (7th Cir. May 30, 2017); Glenn v. Brumby, 663 F.3d 1312, 1316–20 (11th Cir. 2011); Smith v. City of Salem, 378 F.3d 566, 571–75 (6th Cir. 2004); Rosa v. Park West Bank & Trust Co., 214 F.3d 213, 215–16 (1st Cir. 2000), Schwenk v. Hartford, 204 F.3d 1187, 1201–02 (9th Cir. 2010); Lusardi v. McHugh, No. 0120133395, 2015 WL 1607756, at *1–3 (E.E.O.C. Apr. 1, 2015); Macy v. Holder, No. 0120120821, 2012 WL 1435995, at *11 (E.E.O.C. Feb. 24, 2012). The VA’s regulation discriminates DRAFTPrivileged & Confidential Page 209 of 230 22 1168097 against transgender veterans based on sex, so it must be reviewed closely, as classifications based on sex and gender have long triggered heightened scrutiny. See Whitaker, 2017 WL 2331751, at *12 (applying heightened scrutiny to a transgender student’s equal protection claims, as the challenged school restroom policy was “inherently based upon a sex-classification”); Glenn, 663 F.3d at 1321 (applying heightened scrutiny to equal protection claims brought by a transgender woman in the employment discrimination context); United States v. Virginia, 518 U.S. 515, 531 (1996) (“Parties who seek to defend gender-based government action must demonstrate an ‘exceedingly persuasive justification’ for that action”). Second, even apart from its link to sex discrimination, governmental action that targets people based on their transgender status warrants strict or heightened scrutiny because transgender people as a class have long suffered marginalization based on an immutable characteristic that is irrelevant to their ability to contribute to society. See Adkins v. City of New York, — F. Supp. 3d —, 2015 WL 7076956, at *3–4 (S.D.N.Y. Nov. 16, 2015); Norsworthy v. Beard, 87 F. Supp. 3d 1104, 1119 (N.D. Cal. 2015). For either of these two reasons, the VA’s exclusion of transition-related surgical care—which is undoubtedly discriminatory—must be reviewed with strict or heightened scrutiny, and under that standard, the exclusion cannot stand because it serves no “important governmental objectives.” Craig v. Boren, 429 U.S. 190, DRAFTPrivileged & Confidential Page 210 of 230 23 1168097 197 (1976); see Norsworthy, 87 F. Supp. 3d at 1120 (finding that a ban on surgical care for transgender inmates could serve no important governmental interest when the same treatment was provided for cisgender inmates). But even if the Court were to review the VA’s refusal to cover transition- related surgical care under the most deferential standard, the policy would still fail. Under rational basis review, governmental action must “bear[] a rational relation to some legitimate end,” and the Court’s review must be more searching where the action targets a vulnerable group, as it does here. Romer v. Evans, 517 U.S. 620, 631, 634–35 (1996). The only purported reason that the VA has given for refusing to change its exclusionary policy is that it can explore a regulatory change only “when appropriated funding is available.” Pet., Ex. 2 (Ltrs. from David J. Shulkin, Under Secretary for Health, Dep’t of Veterans Affairs, to Members of Congress, Nov. 10, 2016), ECF No. 1-2. But as amici’s collective experience and the Department’s own cost projection show, no appropriation is necessary, since coverage for surgical care imposes no significant net costs on health plans. See supra Section II.B. This is all the more true for the VA, which already covers other transition-related care for veterans, and which already covers the same surgical procedures for reasons other than gender confirmation. See 38 C.F.R. § 17.38(a)(1)(x) and VHA Directive 1091 (Feb. 21, 2014) (covering “[r]econstructive (plastic) surgery required as a result of disease or trauma,” DRAFTPrivileged & Confidential Page 211 of 230 24 1168097 including “those surgical procedures performed for the revision of external bodily structures which deviate from normal either from congenital or acquired causes”); VHA Directive 2013-003 (Feb. 8, 2013) (covering surgery for veterans “in need of surgery to correct inborn conditions related to reproductive or sexual anatomy”). Given the relatively small number of transgender veterans, the low utilization rate for transition-related surgery, and the cost savings that accompany the provision of medically-necessary surgical treatment, there can be no legitimate reason to deny transgender veterans such care. See U.S. Dep’t of Ag. v. Moreno, 413 U.S. 528, 534 (1973) (excluding a “politically unpopular group” from receiving public benefits “cannot constitute a legitimate governmental interest”); City of Cleburne v. Cleburne Living Ctr., 473 U.S. 432, 448 (1985) (“[M]ere negative attitudes, or fear . . . are not permissible bases” for disadvantaging a group of people). Thus, the VA’s refusal to change its exclusionary regulation violates the Equal Protection Clause of the Fifth Amendment. For much the same reasons that the VA’s refusal to change its exclusionary regulation fails under the Equal Protection Clause, it also fails under the Administrative Procedure Act. This Court may reverse the VA’s denial of the petition for rulemaking if the agency’s decision is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. § 706. As Petitioners have pointed out, the VA has provided no explanation or examination DRAFTPrivileged & Confidential Page 212 of 230 25 1168097 of relevant data to justify its exclusionary policy. See Pet., Ex. 1 at 26–27, ECF No. 1-2. Nor could it. The VA already covers transition-related care other than surgery, and it already covers the same surgical procedures for a variety of purposes other than treating gender dysphoria. Moreover, amici’s experience shows that covering surgery for transition-related purposes would have a negligible to nonexistent impact on costs and administration. The VA’s denial of the petition for rulemaking is therefore arbitrary and capricious, separately meriting reversal. CONCLUSION The Department of Veterans Affairs provided scant explanation for its refusal to change its discriminatory exclusion of gender-confirmation surgery from veterans’ health benefits, claiming that a congressional appropriation was necessary. Amici’s experience proves otherwise, and further shows that there can be no legitimate, nondiscriminatory reason for denying such medically-necessary care to our nation’s veterans. The Court should therefore grant the Petition and order the VA to proceed with changing its exclusionary rule. Respectfully submitted, Dated: June 28, 2017 s/ SHARIF E. JACOB PHILIP J. TASSIN Principal Attorney of Record KEKER, VAN NEST & PETERS LLP 633 Battery Street DRAFTPrivileged & Confidential Page 213 of 230 26 1168097 San Francisco, CA 94111 Telephone: (415) 391-5400 Facsimile: (415) 397-7188 Counsel for Amici Curiae [Public Entities & Businesses] Dated: June 28, 2017 s/ JAMES R. WILLIAMS, County Counsel GRETA S. HANSEN, Chief Assistant County Counsel JULIE WILENSKY, Deputy County Counsel CARA H. SANDBERG, Deputy County Counsel OFFICE OF THE COUNTY COUNSEL COUNTY OF SANTA CLARA 70 West Hedding Street East Wing, 9th Floor San Jose, CA 95110 Telephone: (408) 299-5900 Facsimile: (408) 292-7240 Counsel for Amicus Curiae County of Santa Clara Dated: June 28, 2017 s/ PATRICIA PALACIOS JOHANNA DENNEHY STEPTOE & JOHNSON LLP 1330 Connecticut Avenue N.W. Washington, D.C. 20036 Telephone: (202) 429-3000 Facsimile: (202) 429-3902 JAMIE A. GLIKSBERG STEPTOE & JOHNSON LLP 115 South LaSalle Street DRAFTPrivileged & Confidential Page 214 of 230 27 1168097 Chicago, IL 60603 Telephone: (312) 577-1300 Facsimile: (312) 577-1370 Counsel for Amici Curiae [Businesses] DRAFTPrivileged & Confidential Page 215 of 230 1168097 CERTIFICATION OF CONSENT I, Philip J. Tassin, am the ECF user whose ID and password are being used to file this brief. Pursuant to the Court’s Administrative Order Regarding Electronic Case Filing, ECF-3(B), I hereby attest that I have obtained the consent of each signatory to this document. Dated: June 7, 2017 s/ Philip J. Tassin PHILIP J. TASSIN DRAFTPrivileged & Confidential Page 216 of 230 1168097 CERTIFICATE OF SERVICE I hereby certify that on June 7, 2017, I electronically filed the foregoing Brief of Amici Curiae with the Clerk of the Court using the appellate CM/ECF system, which will serve via email notice of such filing on the following counsel registered as CM/ECF users: I certify that all participants in the case are registered CM/ECF users and that service will be accomplished by the appellate CM/ECF system. Upon acceptance by the Court of the e-filed document, six paper copies will be filed with the Court within the time provided in the Court’s rules. Dated: June 7, 2017 s/ Philip J. Tassin PHILIP J. TASSIN DRAFTPrivileged & Confidential Page 217 of 230 1168097 CERTIFICATE OF COMPLIANCE I hereby certify as follows: 1. This brief complies with the type-volume limitations of Federal Rule of Appellate Procedure 32(a)(7)(B) and Federal Circuit Rule 32(a). The brief contains ____ words according to the word count of the word-processing system used to prepare the brief, excluding the parts of the brief exempted by Federal Rule of Appellate Procedure 32(a)(7)(B)(iii) and Federal Circuit Rule 32(b). 2. This brief complies with the typeface requirements of Federal Rule of Appellate Procedure 32(a)(5) and the type-style requirements of Federal Rule of Appellate Procedure 32(a)(6). The brief has been prepared in a 14-point, proportionally spaced Times New Roman font. June 28, 2017 s/ Philip J. Tassin PHILIP J. TASSIN DRAFTPrivileged & Confidential Page 218 of 230 Notices 1. COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission F ROM:Rafael E. Granado, City Clerk D ATE:J une 28, 2017 S UB J E C T:AD VERT ISEME N T S FO R T H E J UNE 28, 2017 C OMMISS ION MEE T IN G. Legislativ e Tracking Office of the City Clerk AT TAC H ME N T S: Description Ads Page 219 of 230 18NE NEIGHBORS THURSDAY JUNE 15 P.rl' MIAMIHERAL©COM MIAMIBEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING ORDINANCE AMENDING THE WORKFORCE HOUSING - LAND DEVELOPMENT REGULATIONS AND THE CITY CODE June 28, 2017 NOTICE 18 H EREBY given that a Public Hearing will be heard by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chamber, 3rd Floor, Clty Hall, 1700 Convention Center Drive, Miami Beach, Florida, on June 28, 2017 at 5:06 p_m_, or as soon thereafter as the matter can he heard, to consider: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SUBPART A -G ENERALORDINANCES, OF THE CITYCODE, BYAMENDING CHAPTER 58 "HOUSING ", BY CREATING ARTICLE VI, ENTITLED `WORKFORCE HOUSING;" SECTIONS 58-500 THROUGH 58 -510; PROVIDING FOR DEFINITIONS AND INCENTIVES TO PROVIDE WORKFORCE HOUSING; ELIGIBILITY FOR TENANCY, ENFORCEMENT, AND PENALTIES; BY AMENDING CHAPTER 130, "OFF- STREET PARKING," AT SECTION 130 -32, OFF- STREET PARKING REQUIREMENTS FOR PARKING DISTRICT NO. 1," AND SECTION 130- 33, "OFF- STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3, 4, 5, 6, AND 7." BY ESTABLISHING PARKING REQUIREMENTS FOR WORKFORCE HOUSING UNITS; BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE 11, "DISTRICT REGULATIONS," DIVISION 3, 'RESIDENTIAL MULTIFAMILY DISTRICTS." SUBDIVISION II. RM -1 RESIDENTIAL MULTIFAMILY LOW INTENSITY,' SUBDIVISION IV, "RM -2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY," SUBDIVISION V. "RM -3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY," DIVISION 4. "CD -1 COMMERCIAL, LOW INTENSITY DISTRICT," DIVISION 5. 'CD- 2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," DIVISION 6. 'CD -3 COMMERCIAL, HIGH INTENSITY DISTRICT," DIVISION 13, "MXE MIXED USE ENTERTAINMENT DISTRICT," DIVISION 18, 'PS PERFORMANCE STANDARD DISTRICT," DIVISION 20, "TC NORTH BEACH TOWN CENTER DISTRICTS,' BY CREATING NEW MINIMUM AND AVERAGE APARTMENT UNIT SIZES FOR WORKFORCE HOUSING UNITS; PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. This Ordinance is being heard pursuant to Section 115-164 of the City's Land Development Code; Section 2.05 of the City Charter and § 166.041 F. S, Inquiries may be directed to the Planning Department at 305.673.7550, INTERESTED PARTIES are Invited to appear at this meeting, or be represented by an agent, or to express their views In writing addressed to the Clty Commission, c/o the Cfty Clerk, 1700 Convention Center Drive, 1' Floor, Clty Hall, Miami Beach, Florida 33139. Thls item Is available for public Inspection during normal business hours In the Clty Clerk's Office, 1700 Convention Center Drive, 1s' Floor, City Hall, Miami Beach, Florida 33130. This Item may be continued, and under such circumstances, additional legal notice need not be provided. Pursuant to Section 286.0105, Fla. Stat., the Gay hereby advises the public that If a person decides to appeal any decision made by the Clty Commission with respect to any matter considered at Its meeting or Its hearing, such person must ensure that a verbatim record of the proceedings Is made, which record includes the testimony and evidence upon which the appeal is to be based. Thls notice does not constitute consent by the City for the Introduction or admission of otherwise inadmissible or irrelevant evidence, nor does It authorize challenges or appeals not otherwise allowed by law. To request this material in alternate format, sign language Interpreter (five -day notice required), information on access for persons with disabilities, and /or any accommodation to review any document or participate In any City-sponsored .proceedings, call 305.604.2489 and select 1 for English or 2 for Spanish, then option 6; TTY users may call via 711 (Florida Relay Service). Rafael E. Granada, Clty Clerk City of Miami Beach Ad 1351 Page 220 of 230 18NE NEIGHBORS THURSDAY JUNE 15 a I' MIAMIHERALDCUM k A Al B E AC CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING ORDINANCE EXTENDING A TEMPORARY MORATORIUM ON ADULT CONGREGATE LIVING FACILITIES, ASSISTED LIVING FACILITIES, CRISIS STABILIZATION UNITS, RESIDENTIAL DETOXIFICATION CENTERS, COMMUNITY RESIDENTIAL HOMES, AND RESIDENTIAL MEDICAL REHABILITATION CENTERS, AND ANY SIMILAR OR DERIVATIVE USES ASSOCIATED WITH SUCH USES WITHIN THE CITY June 28, 2017 NOTICE IS HEREBY given that a Public Hearing will be heard by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chamber, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on June 28, 2017 at 5:07 p.m., or as soon thereafter as the matter can be heard, to consider: 5:07 p.m. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, EXTENDING THE TEMPORARY MORATORIUM UNDER ORDINANCE 2017 -4073, THROUGH DECEMBER 31, 2017, ON THE ACCEPTANCE, REVIEW, APPROVAL, OR ISSUANCE OF ANY LAND DEVELOPMENT PERMITS AS THE TERM IS DEFINED IN SECTION 163.3154(16), FLORIDA STATUTES), BUSINESS TAX RECEIPTS, OR ANY OTHER LICENSE OR PERMIT FOR THE ESTABLISHMENT OR OPERATION OF ADULT CONGREGATE LIVING FACILITIES, ASSISTED LIVING FACILITIES, CRISIS STABILIZATION UNITS, RESIDENTIAL DETOXIFICATION CENTERS, COMMUNITY RESIDENTIAL HOMES, AND RESIDENTIAL MEDICAL REHABILITATION CENTERS, AND ANY SIMILAR OR DERIVATIVE USES ASSOCIATED WITH SUCH USES, WITHIN THE CITY, IN ORDER TO PROVIDE THE CITY WITH AN OPPORTUNITY TO REVIEW AND ENACT DEFINITIONS AND REGULATIONS GOVERNING SAID USES; PROVIDING PENALTIES FOR ANY VIOLATION HEREOF; PROVIDING FOR SEVERABILITY; REPEALER OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FOR A CONTINUED EFFECTIVE DATE OF FEBRUARY 8, 2017 AND EXTENDING THE MORATORIUM THROUGH DECEMBER 31, 2017; FOR ZONING IN PROGRESS PURPOSES, THIS ORDINANCE SHALL BE EFFECTIVE UPON FIRST READING OF THIS ORDINANCE. This Ordinance is being, heard pursuant to Section 2.05 of the City Charter and §166.041 F.S. 1nguiries maybe directed to the Panning Department at 205.672.7550 andlor the Office of the City Attorney at 305.672.7470. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1'' Floor, City Hall, Miami Beach, Florida 33139. This item is available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1 Floor, City Hall, Miami Beach, Florida 33139. This item may be continued, and under such circumstances, additional legal notice need not be provided. Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence. nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in alternate format, sign language interpreter (live -day notice required), information on access for persons with disabilities, and/or any accommodation to review any document or participate in any City - sponsored proceedings, call 305.604.2489 and select 1 for English or 2 for Spanish, then option 6: TTY users may call via 711 (Florida Relay Service). Ad 1352 Rafael E. Granado, City Clerk City of Miami Beach Page 221 of 230 THURSDAY JUNE 81017 MIAMIHERALD.COM NEIGHBORS 19NE MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING ORDINANCE CLARIFYING THAT ENTERTAINMENT IS NOT PERMITTED IN THE CITY'S PERFORMANCE STANDARD DISTRICTS June 28, 2017 NOTICE IS HEREBY given that a Public Hearing will be heard by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chamber, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on June 28, 2017 at 5:08 p.m., or as soon thereafter as the matter can be heard, to consider: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 18, "PS PERFORMANCE STANDARD DISTRICT," SECTION 142 -693, "PERMITTED USES," TO CLARIFY THAT ENTERTAINMENT IS NOT PERMITTED IN THE CITY'S PERFORMANCE STANDARD DISTRICTS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. This Ordinance is being heard pursuant to Section 2.05 of the City Charter and 166.041 F.S. Inquiries may be directed to the Planning Department at 305.673.7550 and/or the Office of the City Attorney at 305.673.7470. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1" Floor, City Hall, Miami Beach, Florida 33139. This item is available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1 "' Floor, City Hall, Miami Beach, Florida 33139. This item may be continued, and under such circumstances, additional legal notice need not be provided. Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in alternate format, sign language interpreter (five -day notice required), information on access for persons with disabilities, and/or any accommodation to review any document or participate in any City- sponsored proceedings, call 305.604.2489 and select 1 for English or 2 for Spanish, then option 6; TTY users may call via 711 (Florida Relay Service). Rafael E. Granado, City Clerk City of Miami Beach Ad 1353 Page 222 of 230 ZONE NEIGHBORS SUNDAY JUNE 18 2017 MIAMIHERALD.COM MIAMIBEACF! CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM FOR SIX MONTHS ON THE ACCEPTANCE, REVIEW, APPROVAL OR ISSUANCE OF ANY LAND DEVELOPMENT PERMITS, BUSINESS TAX RECEIPTS OR ANY OTHER LICENSE OR PERMIT FOR THE ESTABLISHMENT OR OPERATION OF DISPENSING FACILITIES WITHIN THE CITY ENGAGED IN THE ON -SITE DISTRIBUTION, SALE, DELIVERY OR RETAIL OF LOW THC CANNABIS, MEDICAL CANNABIS OR CANNABIS DELIVERY DEVICES. June 28, 2017 NOTICE IS HEREBY given that a Public Hearing will be heard by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chamber, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on June 28, 2017 at 5:10 p.m., or as soon thereafter as the matter can be heard, to consider: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PERTAINING TO ESTABLISHING A TEMPORARY MORATORIUM FOR SIX MONTHS FROM THE EFFECTIVE DATE OF THIS ORDINANCE ON THE ACCEPTANCE, REVIEW, APPROVAL OR ISSUANCE OF ANY LAND DEVELOPMENT PERMITS AS THE TERM IS DEFINED IN FLORIDA STATUTES SECTION 163.3164(16), BUSINESS TAX RECEIPTS OR ANY OTHER LICENSE OR PERMIT FOR THE ESTABLISHMENT OR OPERATION OF DISPENSING FACILITIES WITHIN THE CITY ENGAGED IN THE ON -SITE DISTRIBUTION, SALE, DELIVERY OR RETAIL OF LOW THC CANNABIS, MEDICAL CANNABIS OR CANNABIS DELIVERY DEVICES PURSUANT TO SECTIONS 381.986 AND 499.0295 OF THE FLORIDA STATUTES, IN ORDER TO PROVIDE THE CITY WITH AN OPPORTUNITY TO REVIEW AND ENACT REGULATIONS GOVERNING THE ESTABLISHMENT AND OPERATION OF DISPENSING FACILITIES; PROVIDING PENALTIES FOR VIOLATION HEREOF; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE RETROACTIVE TO JUNE 28, 2017; FOR ZONING IN PROGRESS PURPOSES, THIS ORDINANCE SHALL BE EFFECTIVE UPON FIRST READING OF THIS ORDINANCE. This Ordinance is being heard pursuant to Section 2.05 of the City Charter, Section 118 -164 of the City Code and Section 166.041 F.S. Inquiries may be directed to the Office of the City Attorney at 305.673.7470. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1' Floor, City Hall, Miami Beach, Florida 33139. This item is available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1" Floor, City Hall, Miami Beach, Florida 33139. This item may be continued, and under such circumstances, additional legal notice need not be provided. Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in alternate format, sign language interpreter (five -day notice required), information on access for persons with disabilities, and /or any accommodation to review any document or participate in any City- sponsored proceedings, call 305.604.2489 and select 1 for English or 2 for Spanish, then option 6; TTY users may call via 711 (Florida Relay Service). Ad 1354 Rafael E. Granado, City Clerk City of Miami BeachPage 223 of 230 THURSDAY JUNE 13 2017 MIAMIHEAALD.COM NEIGHBORS 19NL MIAMI BEACH AUDIO/VISUAL PRESENTATIONS AT MIAMI BEACH CITY COMMISSION MEETINGS Members of the public may present audio /visual (AV) materials relating to Agenda Items at City Commission meetings held in the Commission Chamber by utilizing the City's AV equipment, provided that materials are submitted to the Department of Marketing and Communications by 8:30 a.m., one (1) business day prior to the meeting. Advance submittal of a presentation will allow the Communications Department to plan for the use of the appropriate AV equipment. AV materials may be submitted via email at communications @miamibeachfl.gov; or hand delivered in a jump drive, CD or DVD to: Attention: Department of Marketing and Communications, 1700 Convention Center Drive, First Floor Conference Room, Miami Beach, FL 33139. Presentations, videos or links must include a label noting the name or group, contact person, daytime telephone number, email address, description /title of the presentation and Agenda Item Title as well as the Agenda Item number. Acceptable formats for electronic submission are .pdf, .ppt, pptx, .pps, .ppsx, .wmv, .avi and .mov. (Note that .pdf is the preferred format for PowerPoint presentations.) Ad No 1344 Rafael E. Granado, City Clerk City of Miami Beach Page 224 of 230 20NE NEIGHBORS THURSDAY JUNE MIAMIHERAED.COM MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING ORDINANCE PROHIBITING CAMPAIGN CONSULTANTS AND CERTAIN AFFILIATED PERSONS OR ENTITIES FROM LOBBYING CITY COMMISSION FOR 12 MONTHS SUBSEQUENT TO SWEARING IN OF ELECTED OFFICIAL(S) June 28, 2017 NOTICE IS HEREBY given that a Public Hearing will be heard by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chamber, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on June 28, 2017 at 5:09 p.m., or as soon thereafter as the matter can be heard, to consider: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 2, ARTICLE VII, DIVISION 5 ENTITLED "CAMPAIGN FINANCE REFORM," BY ADDING THERETO SECTION 2 -491 ENTITLED "PROHIBITED LOBBYING BY CAMPAIGN CONSULTANTS," PROHIBITING CAMPAIGN CONSULTANTS AND CERTAIN AFFILIATED PERSONS OR ENTITIES FROM LOBBYING CITY COMMISSION FOR 12 MONTHS SUBSEQUENT TO SWEARING IN OF SUBJECT ELECTED OFFICIAL(S), ESTABLISHING DEFINITIONS, AND LIMITED EXEMPTION; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. This Ordinance is being heard pursuant to Section 2.05 of the City Charter and §166.041 F.S. inquiries may be directed to the Office of the City Attorney at 305.873.7470. INTERESTED PARTIES are Invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1" Floor, City Hall, Mlantl Beach, Florida 33139. This item Is available for public Inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1=" Floor, City Hall, Miami Beach, Florida 33139. This item may be continued, and under such circumstances, additional legal notice need not be provided. Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the Introduction or admission of otherwise Inadmissible or Irrelevant evidence, nor does It authorize challenges or appeals not otherwise allowed by law. To request this material In alternate format, sign language Interpreter (five -day notice required), information on access for persons with disabilities, and/or any accommodation to review any document or participate in any City-sponsored proceedings, call 305.604.2489 and select 1 for English or 2 for Spanish, then option 6; TTY users may call via 711 (Florida Relay Service). Ad 1345 Rafael E. Granado, City Clerk City of Miami Beach Page 225 of 230 20NE NEIGHBORS THURSDAY JUNE 152017 MIAMIHEEWED.COM 1 Y %IA 1I BEAC A CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING ORDINANCE EXTENDING THE NORTH BEACH TATUM WATERWAY CONSERVATION DISTRICT DEMOLITION MORATORIUM June 28, 2017 NOTICE IS HEREBY given that a Publlo Hearing will be heard by the Mayor and City Commission of the City of Miami Beach, Florida. in the Commission Chamber, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, an June 28, 2017 at 5:01 p.m., or as soon thereafter as the matter can be heard, to consider: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, EXTENDING THE MORATORIUM THROUGH OCTOBER 31, 2017 FOR PROPERTIES FRONTING ON TATUM WATERWAY AND LOCATED ON THE WEST SIDE OF TATUM WATERWAY DRIVE AND BYRON AVENUE FROM 77TH STREET TO 87TH STREET, PROPERTIES LOCATED ON THE EAST SIDE OF HAWTHORNE AVENUE FROM 77TH STREET TO CRESPI BOULEVARD, PROPERTIES LOCATED ON THE EAST SIDE OF CRESPI BOULEVARD FROM HAWTHORNE AVENUE TO 85TH STREET, AND PROPERTIES LOCATED ON THE NORTH SIDE OF 85TH STREET BETWEEN CRESPI BOULEVARD AND BYRON AVENUE; IMPOSING A TEMPORARY MORATORIUM UPON THE RECEIPT OF OR PROCESSING OF APPLICATIONS, PERMITS OR PENDING APPROVALS PERTAIN ING TO DEMOLITION OFSTRUCTURES ON TATUM WATERWAY; FOR ZONING IN PROGRESS PURPOSES, THIS ORDINANCE SHALL BE EFFECTIVE UPON FIRST READING OF THIS ORDINANCE, AND NO APPLICATIONS FOR DEMOLITION WITHIN THE DESIGNATED AREA SHALL BE ACCEPTED BY THE CITY; PROVIDING FOR EXCEPTIONS; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FOR AN EXPIRATION DATE. This Ordinance is being heard pursuant to Section 2.05 of the City Charter and §166.041 F.S. inquiries may be directed to the Planning Department at 305.673.7550. INTERESTED PARTIES are Invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Canter Drive, 1 Floor, City Hall, Miami Beach, Florida 33139. This Item Is available for public inspection during normal business hours in the City Clerk's Office. 1700 Convention Center Drive, 1°' Floor, City Hall, Miami Beach, Florida 33139. This [tem may be continued, and under such circumstances, additional legal notice need not be provided. Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the Introduction or admission of otherwise Inadmissible or Irrelevant evidence, nor does It authorize challenges or appeals not otherwise allowed by law. To request this material In alternate format, sign language Interpreter (five -day notice required), information on access for persons with disabilities, and/or any accommodation to review any document or participate in any City- sponsored proceedings, call 305.604.2489 and select 1 for English or 2 for Spanish, then option 6; TTY users may call via 711 (Florida Relay Service). Ad 1346 Rafael E. Granado, City Clerk City of Miami Beach Page 226 of 230 THURSDAY JUNE 15 2017 MIAMIHERALD.COM NEIGHBORS 9NE MIAMIBEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING ORDINANCE EXTENDING THE NORTH BEACH NATIONAL REGISTER CONSERVATION DISTRICTS DEMOLITION MORATORIUM June 28, 2017 NOTICE IS HEREBY given that a Public Hearing will be heard by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chamber, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on June 28, 2017 at 5:02 p.m., or as soon thereafter as the matter can be heard, to consider: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PERTAINING TO EXTENDING THE MORATORIUM THROUGH OCTOBER 31, 2017 FOR THE FOLLOWING AREAS /PROPERTIES: PROPERTIES LOCATED BETWEEN TATUM WATERWAY DRIVE /BYRON AVENUE ON THE WEST AND THE EASTERN LOT LINES OF LOTS FRONTING ABBOTT AVENUE ON THE EAST BETWEEN 77TH STREET ON THE SOUTH AND 86TH STREET ON THE NORTH; THE PROPERTIES LOCATED BETWEEN THE TATUM WATERWAY ON THE WEST AND THE EASTERN LOT LINES OF LOTS FRONTING ABBOTT AVENUE ON THE EAST BETWEEN 75TH STREET ON THE SOUTH AND 77TH STREET ON THE NORTH; THE PROPERTIES LOCATED AT 8519, 8525, AND 8527 CRESPI BOULEVARD; THE PROPERTIES FRONTING NORMANDY DRIVE FROM RUE NOTRE DAME ON THE WEST TO BAY DRIVE ON THE EAST; THE PROPERTIES FRONTING 71ST STREET FROM RUE NOTRE DAME ON THE WEST TO BAY DRIVE ON THE EAST; THE PROPERTIES FRONTING THE EAST SIDE OF RUE VERSAILLES FROM 71ST STREET TO BIARRITZ DRIVE; THE PROPERTIES FRONTING BIARRITZ DRIVE FROM RUE VERSAILLES ON THE WEST TO RUE VENDOME ON THE EAST; THE PROPERTIES FRONTING RUE VENDOME FROM 71ST STREET ON THE NORTH TO BREST ESPLANADE ON THE SOUTH; THE PROPERTIES FRONTING BREST ESPLANADE; THE PROPERTIES FRONTING THE WEST SIDE OF BAY DRIVE FROM BREST ESPLANADE ON THE SOUTH TO 71ST STREET ON THE NORTH; THE PROPERTIES FRONTING THE EAST SIDE OF BAY DRIVE FROM 71ST STREET ON THE SOUTH TO THE NORMANDY WATERWAY ON THE NORTH; IMPOSING A TEMPORARY MORATORIUM UPON THE RECEIPT OF OR PROCESSING OF APPLICATIONS, PERMITS OR PENDING APPROVALS PERTAINING TO DEMOLITION OF STRUCTURES ON TATUM WATERWAY; PROVIDING FOR AN EFFECTIVE DATE RETROACTIVE TO FIRST READING, FEBRUARY 8, 2017; FOR ZONING IN PROGRESS PURPOSES, THIS ORDINANCE SHALL BE EFFECTIVE UPON FIRST READING OF THIS ORDINANCE, AND NO APPLICATIONS FOR DEMOLITION WITHIN THE DESIGNATED AREA SHALL BE ACCEPTED BY THE CITY; PROVIDING FOR EXCEPTIONS; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FOR AN EXPIRATION DATE. This Ordinance is being heard pursuant to Section 2.05 of the City Charter and § 166.041 F.S. Inquiries may be directed to the Planning Department at 305.673.7550. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. This item is available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. This item may be continued, and under such circumstances, additional legal notice need not be provided. Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in alternate format, sign language interpreter (five -day notice required), information on access for persons with disabilities, and/ or any accommodation to review any document or participate in any City- sponsored proceedings, call 305.604.2489 and select 1 for English or 2 for Spanish, then option 6; TTY users may call via 711 (Florida Relay Service). Ad 1347 Rafael E. Granado, City Clerk City of Miami Beach Page 227 of 230 8NE NEIGHBORS THURSDAY JUNE 15 2017 MIAMIHEHALD.CDM MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING ORDINANCE AMENDING THE ART DECO I MIMO COMMERCIAL CHARACTER AND FORMULA COMMERCIAL OVERLAY DISTRICT June 28, 2017 NOTICE IS HEREBY given that a Public Hearing will be heard by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chamber, Ord Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on June 28, 2017 at 5:03 p.m., or as soon thereafter as the matter can be heard, to consider: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 114 OF THE CITY CODE, ENTITLED "GENERAL PROVISIONS," TO PROVIDE FOR DEFINITIONS FOR "CHECK CASHING STORE," CONVENIENCE STORE," "FORMULA RESTAURANT," 'FORMULA COMMERCIAL ESTABLISHMENTS," "MARIJUANA DISPENSARY," "CANNABIS DISPENSARY," "OCCULT SCIENCE ESTABLISHMENT," "PHARMACY." "SOUVENIR AND T -SHIRT SHOP," "TATTOO STUDIO," "MASSAGE THERAPY CENTER," AND RELATED DEFINITIONS; AMENDING CHAPTER 142 OF THE CITY CODE, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ATARTICLE III, ENTITLED "OVERLAY DISTRICTS," TO ESTABLISH DIVISION 12, ENTITLED ART DECO / MIMO COMMERCIAL CHARACTER OVERLAY DISTRICT," TO PROVIDE ADDITIONAL REGULATIONS FOR THE AFOREMENTIONED USES, INCLUDING DISTANCE SEPARATION REQUIREMENTS, LIMITATIONS ON NUMBER OF ESTABLISHMENTS, AND PROHIBITIONS UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. This Ordinance is being heard pursuant to Section 116 -164 of the City's Land Development Code; Section 2.05 of the City Charter and §166.041 F.S. inquiries may be directed to the Planning Department at 305.673.7550. INTERESTED PARTIES are Invited to appear at this meeting, or bo represented by an agent, or to express their views In writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1°' Floor, City Hall, Miaml Beach, Florida 33139. Thls Item is available for public inspection during normal business hours In the City Clerk's Office, 1700 Convention Center Drive, 1" Floor, City Hall, Miami Beach, Florida 33139. This item may be continued, and under such circumstances, additional legal notice need not bo provided. Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at Its meeting or Its hearing, such person must ensure that a verbatim record of the proceedings is made, which record Includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the Introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in alternate format, sign language interpreter (five -day notice required), information on access for persons with disabilities, and/or any accommodation to review any document or participate In any City - sponsored proceedings, call 305.604.2489 and select 1 for English or 2 for Spanish, then option 6; TTY users may call vla 711 (Florida Relay Service). Ad 1348 Rafael E. Granada, City Clerk City of Miami Beach Page 228 of 230 THURSDAY LONE 13 201i MIAMIHERALD COM NEIGHBORS 21NE MIAMIBEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING ORDINANCE AMENDING THE WORKFORCE AND AFFORDABLE HOUSING - COMPREHENSIVE PLAN June 28, 2017 NOTICE IS HEREBY given that a Public Hearing will be heard by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chamber, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on June 28, 2017 at 5:04 p.m., or as soon thereafter as the matter can be heard, to consider: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY OF MIAMI BEACH YEAR 2025 COMPREHENSIVE PLAN, BY AMENDING CHAPTER 1, ENTITLED "FUTURE LAND USE ELEMENT;" "OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS," TO ALLOW FOR INCREASED DENSITY WITHIN CERTAIN FUTURE LAND USE CATEGORIES FOR THE LIMITED PURPOSES OF PROVIDING AFFORDABLE HOUSING AND WORKFORCE HOUSING PURPOSES AND TO ALLOW FOR RESIDENTIAL USES IN THE 'PARKING P)" FUTURE LAND USE CATEGORY; AMENDING CHAPTER 3, ENTITLED "HOUSING ELEMENT," TO ESTABLISH REQUIREMENTS AND PROVIDE INCENTIVES FOR DEVELOPING WORKFORCE AND AFFORDABLE HOUSING; CLARIFY POLICIES RELATED TO WORKFORCE AND AFFORDABLE HOUSING; AMENDING CHAPTER 6, ENTITLED "CONSERVATION /COASTAL ZONE MANAGEMENT ELEMENT," TO ALLOW FOR DENSITY INCREASES IN ORDER TO INCENTIVIZE WORKFORCE AND AFFORDABLE HOUSING PROJECTS 1 CONSTRUCTION; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; TRANSMITTAL; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. This Ordinance is being heard pursuant to Section 118-163 of the City's Land Development Code. Enquiries may be directed to the Planning Department at 305.673.7550. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. This item is available for public inspection during normal business hours in the City C'lerk's Office, 1700 Convention Center Drive, 1s Floor, City Hall, Miami Beach, Florida 33139. This item may be continued, and under such circumstances, additional legal notice need not be provided. Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City For the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in alternate format, sign language interpreter (five -day notice required), information on access for personswith disabilities and/or any accommodation to review any document or participate in any City- sponsored proceedings, call 305.604.2459 and select 1 for English or 2 for Spanish, then option 6; TTY users may call via 711 (Florida Relay Service). Ad 1349 Rafael E. Granado, City Clerk City of Miami Beach Page 229 of 230 TN RSOM JUNE 61017 MIAMIHERALDCOM NEIGHBORS 21NE MIAMI BEAC 1 CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING ORDINANCE AMENDING THE AFFORDABLE HOUSING LAND DEVELOPMENT REGULATIONS AND THE CITY CODE June 28, 2017 NOTICE 15 HEREBY given that a Public Hearing vnll be heard by the Mayor and Cily Commission of the City of Miami Roach, Florida, in the Conmission Chamber, 3rd Floor, City Hall, 1700 Convontion Cantor Driva, Miami Beach, Florida, on June 26, 2017 al 5:05 p.m., or as soon Ihoreattcr as the matlor can bo hoard, to consider: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS: BY AMENDING CHAPTER 58, "HOUSING," BY ESTABLISHING ARTICLE V, "HOUSING FOR LOW AND/OR MODERATE INCOME ELDERLY PERSONS "; PROVIDING CODIFICATION; BY AMENDING CHAPTER 114, "GENERAL PROVISIONS," AT SECTION 114 -1, DEFINITIONS," TO ESTABLISH BY REFERENCE TO CHAPTER 58, "HOUSING" DEFINITIONS FOR NON - ELDERLY AND ELDERLY LOW AND MODERATE INCOME HOUSING; BY AMENDING CHAPTER 130, `OFF - STREET PARKING," AT SECTION 13032, "OFF- STREET PARKING REQUIREMENTS FOR PARKING DISTRICT NO. 1," AND SECTION 130 -33, "OFF- STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3, 4, 5, 6, AND 7." BY AMENDING THE PARKING REQUIREMENTS FOR LOW AND /OR MODERATE INCOME NON - ELDERLY AND ELDERLY PERSONS; BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS," SUBDIVISION If "RM-1 RESIDENTIAL MULTIFAMILY LOW INTENSITY.' SUBDIVISION IV, "RM- 2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSIFY," SUBDIVISION V. "RM -3 RESIDENTIAL MULTIFAMILY, . HIGH INTENSITY, " DIVISION 4. "CD -1 COMMERCIAL, LOW INTENSITY DISTRICT," DIVISION 6. "CD- 2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," DIVISION 8. "CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT," DIVISION 13, "MXE MIXED USE ENTERTAINMENT DISTRICT," DIVISION 18, "PS PERFORMANCE STANDARD DISTRICT,' DIVISION 20, "TC NORTH BEACH TOWN CENTER DISTRICTS," BY STRIKING ALL REFERENCE TO SECTION 142 -1183 ENTITLED "'UNIT SIZE" AND CREATING NEW MINIMUM AND AVERAGE APARTMENT UNIT SIZES FOR NON - ELDERLY AND ELDERLY LOW AND MODERATE INCOME HOUSING; BY AMENDING ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS," BY AMENDING DIVISION 6, HOUSING FOR LOW AND /OR MODERATE INCOME ELDERLY PERSONS," BY STRIKING THIS DIVISION; PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE This Ordinance is being heard pursuant to Section 118 -184 of the City's Land Development Coda; Section 2.05 of the Cily Charter and §168.041 F.S. Inquiries may be directed to the Planning Department al 305.873.7550. INTERESTED PARTIES are invited lo appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1" Floor, City Hall, Miami Roach, Florida 33139. This itom is available for public inspection during normal business hours in tho City Clork's Offico, 1700 Convontion Center Drivo, 1" Floor, City Hall, Miami Roach, Florida 33139. This item may bo continuod, and undor such circumstances, additional legal notice need not bo providod. Pursuant lo Section 286.0105, Fla. Slat, tho City horoby advises tho public that If a person docidos to appeal any docision made by tho Cily Commission with rospoct to any matter considorod at its mooting or its hoaring, such person must ensure that a verbatim record c1 the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of othorwiso inadmissible or irrolevanl ovidenco, nor doos i1 authorize challonges or appoals not otherwise allowed by law. To request this matorial in altornato format, sign language interpreter (fivo-day notice requirod), information on across for porsons with disabilities, and/or any accommodation to roviow any document or parlcipalo in any Cily-sponsored proceedings, call 305.604.2489 and select I for English or 2 for Spanish, then option 6; TTY users may call via 711 (Florida Relay Service) Ad 1350 Rafael E Granada, City Clerk City of MlamI Beach Page 230 of 230