2007-3567 OrdinanceORDINANCE NO. 2007-3567
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY CODE BY AMENDING
CHAPTER 130 "OFF-STREET PARKING," ARTICLE II "DISTRICTS;
REQUIREMENTS" AMENDING 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 AND 4" BY REDUCING THE
PARKING REQUIREMENTS FOR HOUSING FOR LOW AND/OR
MODERATE INCOME ELDERLY; PROVIDING FOR REPEALER;
CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the regulations governing off-street parking spaces contained in Chapter
130 of the City Code, Sections 130-32 and 130-33 delineate the off-street parking requirements
for the various permitted land uses throughout the City; and
WHEREAS, this section of the Code contains parking requirements for low and
moderate income elderly housing, which is lower than that required for undesignated apartment
units, based upon the lower requirements for parking of the low and moderate income elderly;
and
WHEREAS, currently the City Code requires 0.75 parking spaces per elderly housing
unit; and
WHEREAS, City staff research indicates that many jurisdictions require 0.5 parking
spaces per apartment unit devoted solely to low and moderate income elderly residents, based
on their limited usage of automobiles; and
WHEREAS, the City Commission deems it desirable for this figure be modified to come
in line with other jurisdictions and to encourage more housing for the low and moderate income
elderly;
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 130, Off-Street Parking, Article II, Districts; Requirements, is hereby
amended by amending Section 130-32, "Off-Street Parking Requirements For Parking District
No. 1," 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 is 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:
(6A) Housing for low and/or moderate income elderly. For purposes of this regulation,
the following definitions shall apply:
Elderly person shall be defined as a person who is at least 62 years of age.
Elderly household means a one or two person household in which the head of
the household or spouse is at least 62 years of age.
Housing for the elderly: shall not be construed as homes or institutions for the
aged, which are primarily assisted living facilities, 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 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 U. S.
Department of Housing and Urban Development.
Parking requirements for housing for low and/or moderate income elderly:
a. 8~5 0_5 parking space per dwelling unit.
b. For the purposes of this section only, housing for low and/or moderate
income elderly shall be publicly owned or nonprofit sponsored and
__.
owned, or developed by for-profit organizations ' '
c. The applicant shall submit written certification from the corresponding
state or federal agency in charge of the program.
d. Off-street parking, pursuant to this section, shall be permitted only after a
finding by the planning director that, in view of the location of such
housing and the economic status of anticipated occupants, the proposed
parking will be adequate to serve proposed occupants, visitors and
employees, including the proposed unit size and likelihood that the
occupants will have a need for parking.
e. A covenant running with the land restricting the use of the property for
housing for low and/or moderate income elderly 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 building permit.
The declarations within 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 certificate 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 additional 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 lieu 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 elderly in accordance with this section.
f. After approval of the decrease in parking spaces, the premises shall not
be used other than as housing for the elderly 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 2. That Chapter 130, Off-Street Parking, Article II, Districts; Requirements, is hereby
amended by amending Section 130-33, "Off-Street Parking Requirements For Parking District
Nos. 2, 3 and 4" as follows:
Sec. 130-33. Off-street parking requirements for parking districts nos. 2, 3 and 4.
Except as otherwise provided in these land development regulations, when any building
or structure is erected or altered in parking districts nos. 2, 3 and 4 accessory off-street parking
spaces shall be provided for the building, structure or additional floor area as follows. There
shall be no off-street parking requirement for uses in this parking district except for those listed
below:
(1 A) Housing for low and/or moderate income elderly. For purposes of this regulation,
the following definitions shall apply:
Elderly person shall be defined as a person who is at least 62 years of age.
Elderly household means a one or two person household in which the head of
the household or spouse is at least 62 years of age.
Housing for the elderly: shall not be construed as homes or institutions for the
aged, which are primarily assisted living facilities, 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 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 U. S.
Department of Housing and Urban Development.
Parking requirements for housing for low and/or moderate income elderly:
a. A:-~5 0_5 parking space per dwelling unit.
b. For the purposes of this section only, housing for low and/or moderate
income elderly shall be publicly owned or nonprofit sponsored and
owned, or developed by for-profit organizations ' ' ' '
c. The applicant shall submit written certification from the corresponding
state or federal agency in charge of the program.
d. Off-street parking, pursuant to this section, shall be permitted only after a
finding by the planning director that, in view of the location of such
housing and the economic status of anticipated occupants, the proposed
parking will be adequate to serve proposed occupants, visitors and
employees, including the proposed unit size and likelihood that the
occupants will have a need for parking.
e. A covenant running with the land restricting the use of the property for
housing for low and/or moderate income elderly 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 building permit.
The declarations within 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 certificate 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 additional 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 lieu 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 elderly in accordance with this section.
f. After approval of the decrease in parking spaces, the premises shall not
be used other than as housing for the elderly 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 3. 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 4. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be 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 provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 5th day of September , 2007.
ATTEST:
Matti Herrera Bower
~~~(,(/~ Vice-Mayor
C TY CLERK
Robert Parcher
First Reading:
Second Reading:
Verified by:
Planning Director
AICP,
Underscore denotes new language
~r+ket#re~ denotes deleted language
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
~3oe7
( -~'` - City Attorney Date
....__
T:\AGENDA\2007\sep0507\Regular\Elderly Parking Regs Ordinance REVISED.doc
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Amending Chapter 130 "Off-Street Parking", By Reducing The Parking Requirements For
Housing For Low And/Or Moderate Income Elderly.
Ke Intended Outcome Su orted:
Increase access to workforce or affordable housing.
Supporting Data (Surveys, Environmental Scan, etc.): Available parking was ranked No. 4 by
residents as one of the changes that will make Miami Beach a better place to live; and, 54% of residents
rated the availabili of arkin in their nei hborhood as too little or much too little.
Issue:
To lower the parking requirement for low and moderate income elderly housing.
Item Summa /Recommendation:
SECOND READING PUBLIC HEARING
The parking requirement for low and moderate income elderly housing is 0.75 parking spaces per dwelling
unit. This is lower than the parking requirement for regular apartment units, based upon the lower
automobile usage of the low and moderate income elderly.
The proposed ordinance would reduce the parking requirement for low and moderate income elderly
housing from 0.75 spaces per unit, to 0.5 spaces per unit, in order to encourage the construction of more
housing for the low and moderate income elderly. Note that an elderly person is defined as at least 62
years of age, Low income is defined as households whose incomes do not exceed 50 percent of median
income, and Moderate income is defined as households whose incomes are between 51 percent and 80
percent of the median income for the area.
The ordinance only applies to housing designated specifically for the low and moderate income elderly, not
for institutions for the aged, such as assisted living facilities, convalescent or nursing homes, and only for
projects which are publicly owned, or owned and sponsored by a nonprofit organization, or developed by
for-profit organizations utilizing public funds. Certification must be provided, and a covenant running with
the land restricting the use of the property for housing for low and/or moderate income elderly for a period
of no less than 30 ears is re uired.
Advisory Board Recommendation:
At the June 26, 2007 meeting, the Planning Board recommended (6-0, 1 member absent) that the
City Commission adopt the ordinance. The proposed ordinance was approved by the Land Use and
Development Committee at its July 9th meeting. Approved on first reading, July 11, 2007.
Financial Information:
Source of Amount
Funds: ~
2
3
4
OBPI Total
Account ~ Approved
Financial Impact Summary: n/a
Ci Clerk's Office Le islative Trackin
Richard Lorber, Planning & Zoning Manager
Si n-Offs:
Department Director ~ Assistant City Manager City Manager
~~ ~ ~~~ ~ ~ ~ AGENDA ITEM s 1J
'~~ DATE "s ~ 7
m MIAMIBEACH
City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor David Dermer and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manage
SECOND READING
DATE: September 5, 2007 PUBLIC HEARING
SU6IECT: Ordinance Amending Land Development Regulations:
Low and Moderate Income Elderly Housing Parking Requirements
ADMINISTRATION RECOMMENDATION
Adopt the ordinance upon second reading public hearing.
BACKGROUND
At its May 22, 2006 meeting, as part of a larger workshop discussion on parking issues, the
Planning Board voted to direct staff to prepare an ordinance amendment which would lower
the parking requirement for low and moderate income elderly housing.
ANALYSIS
The regulations governing off-street parking spaces contained in Chapter 130 of the City
Code, delineate the off-street parking requirements for low and moderate income elderly
housing. This requirement is lower than that required for undesignated apartment units,
based upon the lower automobile usage of the low and moderate income elderly.
An elderly person is defined as a person who is at least 62 years of age. Low income is
defined as households whose incomes do not exceed 50 percent of the median income for
the area, and Moderate income is defined as households whose incomes are between 51
percent and 80 percent of the median income for the area. These figures are determined by
U. S. Department of Housing and Urban Development.
Currently, the Code requires from 1.5 to 2.0 parking spaces per regular apartment,
depending on the size of the unit. However, the requirement for low and/or moderate
income elderly housing is reduced to 0.75 parking spaces per dwelling unit. This reduced
parking requirement is for housing designated specifically for the low and moderate income
elderly, not for institutions for the aged, such as assisted living facilities, convalescent or
nursing homes.
UPDATE: The currently existing ordinance specifies that only projects which are publicly
owned, or owned and sponsored by a nonprofit organization, or developed by for-profit
organizations utilizing public funds, may take advantage of this provision. However, during
the first reading of this ordinance on July 11, 2007, the City Commission amended the
proposal to permit for-profit organizations to also participate in this program, as long as all
other requirements are met. The amendment is reflected in the revised ordinance, attached.
Low and Moderate Income Elderly Housing Parking Requirements
July 11, 2007
Page 2 of 2
Certification from the corresponding state or federal agency in charge of the program must
be submitted, and the Planning Director must find that the proposed parking will be
adequate to serve proposed occupants, visitors and employees, considering the location of
such housing and the economic status of anticipated occupants. A covenant running with
the land restricting the use of the property for housing for low and/or moderate income
elderly for a period of no less than 30 years is required.
City staff research indicates that some otherjurisdictions require only 0.5 parking spaces per
apartment unit devoted solely to low and moderate income elderly residents. The current
City Code requirement of 0.75 spaces per unit could be lowered to encourage more housing
for the low and moderate income elderly, and to come into line with other jurisdictions.
The proposed ordinance would reduce the parking requirement for low and moderate
income elderly housing from 0.75 spaces per unit, to 0.5 spaces per unit.
FISCAL IMPACT
The proposed ordinance would have a slight impact as in a small number of cases, for new
construction projects within an historic district, which do not fully provide all of the required
parking, a lower fee in-lieu of parking would be collected.
PLANNING BOARD ACTION
At the June 26, 2007 meeting, the Planning Board recommended (6-0, 1 member absent)
that the City Commission adopt the ordinance.
LAND USE AND DEVELOPMENT COMMITTEE
The proposed ordinance was discussed by the Land Use and Development Committee at its
July 9'h meeting.
CONCLUSION
The proposed ordinance would reduce the parking requirement for low and moderate
income elderly housing from 0.75 spaces per unit, to 0.5 spaces per unit. This could
encourage more housing for the low and moderate income elderly.
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m MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that a second reading and public hearings will be held by the
Mayor and City Commission of the City of Miami Beach, Florida, in the Commission
Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on
Wednesday, September 5, 2007, to consider the following:
10:15 a.m.
An Ordinance Amending Miami Beach City Code Chapter 102, Entitled `Taxation;" By
Amending Article V, Therein, Entitled "Local Business Tax;" Amending Section 102-379,
Therein, Entitled. "Schedule Of Taxes," By Adding Additional Business Tax Receipt Codes And
Clarifying Language.
Inquiries may be directed to the Finance Department at (305) 673-7466.
10:25 a.m.
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of
Miami Beach, By Amending Chapter 118, "Administration And Review Procedures," Article IX
Nonconformances," By Amending Section 118-395 To Clarify And Update Certain Procedures
And Requirements For The Retention Of A Nonconforming Structure, By Amending Article X,
"Historic Preservation," Division 3, "Issuance Of Certificate Of Appropriateness/Certficate To
Dig/Certificate Of Appropriateness For Demolition," By Amending Section 118-561 To Create A
CondiRions And Safeguards Section For Certificates Of Appropriateness, By Amending Section
118-564 To Modify The Requirements For Obtaining A Demolition PermR, By Amending Article
VI, "Design Review Procedures", By Creating Section 118-264 To Address Conditions And
Safeguards For Design Review Approval.
Inquiries may be directed to the Planning Department at (305) 673-7550.
~ra3o a.m.
h4n Ordinance Amending The Land Development Regulations Of The City Code By Amending
Chapter 130 "Off-Street Parking," Article II "Districts; Requirements" Amending 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 And 4" By Reducing The Parking
Requirements For Housing For Low And/Or Moderate Income Elderly.
Inquiries may be directed to the Planning Department at (305) 673-7550.
10'.35 a.m.
An Ordinance Amending The Land Development Regulations Of The City Code By Amending
Chapter 142 "Zoning Districts And Regulations," Article IV "Supplementary District
Regulations," Division 4 "Supplementary Yard Regulations" By Amending Section 142-1132
"Allowable Encroachments Within Required Yards,' Section 142-1132(0) "Projections" By
Amending The Permitted Width Of Walkway Encroachments In Required Yams For Purposes
Of Complying With Accessibility Requirements, And By Clarifying Technical Language
Regarding Alkwvable Encroachments.
Inquiries may be directed to the Planning Department at (305) 673-7550.
10AO a.m.
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of
Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations," Article II,
"District Regulations," Division 2, "Single-Family Residential Districts," By Revising Procedures
For The Review And Approval Of Demolition Requests For Single Family Homes Constructed
Prior To 1942 And Not Located Within A Designated Historic District.
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 C~'ty Commission, c% the City Clerk, 1700
Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of these
ordinances are available for public inspection during normal business hours in the City Clerk's
Office, 1700 Convention Center Drive, 1st Floor, City Hall, and Miami Beach, Florida 33139.
This meeting may be continued and under such circumstances additional legal notice would
not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: ff 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 accessible format, sign language interpreters, information on access
for persons with disabilities, and/or any accommodation to review any document or participate
in any city-sponsored proceeding, please contact (305) 604-2489 (voice), (305) 673-
7218(TfY) five days in advance to initiate your request. TTY users may also call 711 (Florida
Relay Service).
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