ACCESSORY DWELLING UNITS (ADU) - COMPREHENSIVE PLAN AMENDMENT

AN ORDINANCE AMENDING THE CITY OF MIAMI BEACH YEAR 2025 COMPREHENSIVE PLAN, BY AMENDING CHAPTER 1, ENTITLED “FUTURE LAND USE ELEMENT”; OBJECTIVE 1, ENTITLED “LAND DEVELOPMENT REGULATIONS,” AT POLICY 1.2, “SINGLE FAMILY RESIDENTIAL CATEGORY (RS),” TO ALLOW FOR ACCESSORY AND CONDITIONAL USES AS PROVIDED FOR IN THE LAND DEVELOPMENT REGULATIONS AND TO PROVIDE THAT ACCESSORY DWELLING UNITS DO NOT COUNT TOWARDS MAXIMUM DENSITY LIMITS; AND AMENDING CHAPTER 3, ENTITLED “HOUSING ELEMENT,” OBJECTIVE 1, ENTITLED “CREATION AND/OR PRESERVATION OF AFFORDABLE HOUSING” AND “OBJECTIVE 3,” ENTITLED “ADEQUATE SITES AND DISTRIBUTION OF HOUSING FOR VERY LOW TO MODERATE-INCOME HOUSEHOLDS; AND ADEQUATE SITES FOR MOBILE AND MANUFACTURED HOMES,” TO PROVIDE FOR THE DEVELOPMENT OF ACCESSORY DWELLING UNITS IN ORDER TO ENCOURAGE THE DEVELOPMENT OF HOUSING AT AN ATTAINABLE RATE; AND PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN, TRANSMITTAL, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.

HISTORY
On November 14, 2018, at the request of Commissioner Ricky Arriola, the City Commission referred a discussion item pertaining to accessory dwelling units (ADU’s) in single family districts to the Land Use and Development Committee (Item C4 O). On February 20, 2019, the Land Use and Development Committee (LUDC) discussed the proposal and recommended that the administration draft an ordinance. The LUDC continued the item to the April 3, 2019 meeting.

On April 3, 2019, the LUDC discussed the proposed ordinances and recommended that the City Commission refer the ordinances to the planning board. On April 10, 2019 the City Commission referred the subject ordinances to the Planning Board (Item C4 AC).

PLANNING ANALYSIS
Accessory Dwelling Units (ADU’s) are small living units that have their own kitchen and bathroom facilities and are on the same property as a single-family home. They are often rented out to provide a family with extra income or made available to a relative looking for additional privacy. Such units can either be attached or detached from the home. They may also be known as granny flats, cottage houses, or secondary dwelling units. It was popular to include such units as part of single-family homes in the early 20th century, including within Miami Beach. However, such units fell into disfavor after World War II when development patterns shifted to a more suburban style, and many cities began to prohibit them.

With rising housing costs in urban areas, many cities are reintroducing the ability to build ADU’s in single family areas. This is intended to provide housing that is more attainable to the workforce and to provide homeowners an extra source of income which can help them maintain their homes. Some of the cities that currently allow ADU’s include: Austin, TX; Boulder, CO; Miami, FL (certain neighborhoods – ex. Buena Vista); Minneapolis, MN; Portland, OR; and Seattle, WA. In addition, all cities in California are required to allow for the construction of ADU’s.

City of Miami Beach
Section 142-905 of the Miami Beach Land Development Regulations (LDR’s) permits “Guest/servants quarters” as an accessory use in Single Family Districts. “Guest/servants quarters” are defined as:

living quarters within a detached or semi-detached accessory building located on the same lot with the main building for use by temporary guests or servants of the occupants of the premises. Such quarters shall not have separate utility meters, shall not be rented or otherwise used as a separate dwelling or have cooking facilities except as set forth in section 142-905.

A separate cooking facility is only allowed when the residence contains at least 3,600 square feet of floor area.

Many single-family homes in Miami Beach already contain guest/servant quarters, which are similar in scale and location to ADU’s. The difference between the two is that guest/servant quarters cannot be rented out, and as such they do not provide income for homeowners, nor housing that more attainable to the City’s workforce.

Currently, the City’s Comprehensive Plan includes several incentives to develop workforce and affordable housing in multifamily areas, such as increased density, reduced unit sizes, and parking reductions. Allowing ADU’s would be consistent and follow the same path as the previously approved incentives.

Florida Statutes
The Florida Legislature has recognized the benefits of ADUs at assisting to provide housing for low to moderate income persons within Florida Statute 163.31771. That statute provides that “Upon a finding by a local government that there is a shortage of affordable rentals within its jurisdiction, the local government may adopt an ordinance to allow accessory dwelling units in any area zoned for single-family residential use.” This provides that such units not count as an additional unit for the purposes of establishing density limits and levels of service.

Additionally, the statute requires that an application for a building permit to construct an accessory dwelling unit must include an affidavit from the applicant which attests that the unit will be rented at an affordable rate to an extremely-low-income, very-low-income, low-income, or moderate-income person or persons.” For reference, the definition of “Moderate-income persons” per the statute is “one or more natural persons or a family, the total annual adjusted gross household income of which is less than 120 percent of the median annual adjusted gross income for households within the state, or 120 percent of the median annual adjusted gross income for households within the metropolitan statistical area (MSA) or, if not within an MSA, within the county in which the person or family resides, whichever is greater.” According to data published by the Florida Housing Finance Corporation for 2018, the monthly rent for a loft-style unit could reach approximately $1,653 or for a one-bedroom unit, approximately $1,771.

California Government Code
The State of California has gone further than the State of Florida in this regard and mandated that all local governments in the State allow ADUs to be built in all zoning districts that allow single-family uses. It provides for administrative approval of such units and allows local governments to establish setbacks, lot coverage, minimum and maximum unit sizes, and other requirements. However, it provides that parking requirements not exceed one space per unit or one bedroom, whichever is less, and no parking if the unit is within one-half mile of public transit, or in an historic district. It also allows for such units to be detached from the primary home or converted from an existing garage. Additionally, the code allows a city the option of requiring owner occupancy of either the primary home or the accessory dwelling unit.

City of Miami Zoning Ordinance (Miami 21 Code)
The City of Miami underwent a process of creating and adopting a new zoning code, known as the Miami 21 Code, between 2005 and 2009. As part of the process, homeowners’ associations in the City were consulted to determine if they had an interest in allowing ADU’s. Several responded that they did want them, and those neighborhoods received a single-family zoning designation that also allowed for ADU’s.

The T3-L (Sub-Urban Transect – Limited) district is the single-family district that allows for ADU’s. The code provides that the ADU be a maximum size of 450 square feet, only be ancillary to single-family residences, must be architecturally harmonious with the primary home, that a minimum of one parking space be provided, and that any façade abutting another property only utilize clerestory windows along that façade to ensure that a neighbor’s privacy is not impacted. Additionally, the Code requires that the principal dwelling be owner occupied in order to be able to allow for rental of the ADU.

PLANNING BOARD REVIEW
On May 21, 2019, the Planning Board held a public hearing and transmitted the ordinance to the City Commission with a favorable recommendation by a vote of 7-0.

SUMMARY
The Affordable Housing Advisory Committee recently passed a motion supporting the legalization of accessory dwelling units within the City to encourage workforce/affordable housing. Several cities are allowing ADUs in order to allow more housing options in light of increasing housing costs. Staff believes that ADU’s would be a worthwhile and practical tool for addressing workforce and affordable housing in the City.

On February 20, 2019, the LUDC discussed the proposal and recommended that the administration draft an ordinance, which provided for the following, all of which are included in the attached amendment to the LDR’s:

1. That ADU’s be allowed in all single-family neighborhoods.

2. That the rental of ADU’s be limited to homesteaded or owner-occupied properties.

3. That the rental of ADU’s for over six months and one day.

The proposed ordinance allows for accessory dwelling units to be attached or detached from the primary home, provided it does not affect the single-family appearance of the residence. Additionally, it provides additional size limitations for ADU’s that are consistent with the existing requirements for accessory buildings, with a minimum size requirement of 200 square feet. Staff believes that the 200 square foot minimum proposed will be sufficient as the actual size of the unit can be a percentage of the main home. This is the current regulation for accessory structures and it makes sense as the main home needs to be a minimum size to have a functional ADU.

Because such structures will be habitable, the amendment provides that the height of accessory buildings be measured from the base flood elevation (BFE) plus a freeboard of one (1) foot, to ensure that they are resilient to sea level rise and that they can comply with life-safety requirements of the Florida Building Code and the City Code.

There is also a provision in the proposed ordinance that would allow for the grandfathering of existing accessory structures, built prior to January 1, 2019, provided the ADU is not expanded in size. All applicable development regulations, including lot size and setbacks, are addressed within the accessory structure’s development regulations.

The subject comprehensive plan amendment authorizes ADU’s as an accessory use in the “Single Family Residential Category” within the Land Use Element and states that such units will contribute to the City’s efforts to encourage the development of workforce and affordable housing within the Housing Element.

Finally, when the City Commission referred the ordinances on April 10, 2019, direction was given to explore the feasibility of accommodating rental periods of less than six months for ADU’s. The City Attorney has researched this and determined that rental periods of less than six months would not be permissible under the current City code.

UPDATE
On June 5, 2019, the City Commission approved the subject ordinance at first reading. Upon approval, the administration transmitted the proposed comprehensive plan amendment to the state review agencies, as required by section 163.3184, Florida Statutes. Comments were received from the Florida Department of Economic Opportunity and the Florida Department of Transportation, as follows:

The Department of Economic Opportunity provided the following technical assistance comment:

While the City’s intent to encourage more affordable and workforce housing is laudable, Department staff has identified that potential density increases in Coastal High Hazard Areas (CHHAs) would not be directly excluded. As part of the final review of the proposed amendment, the City should consider the amendment’s internal consistency with the Conservation/Coastal Zone Management Element. As with the previously adopted 17-04ESR amendment, a public policy discussion regarding balancing the need for affordable units with the need for safe evacuation will assist the City with making the public policy discussion regarding balancing the need for affordable units with the need for safe evacuation will assist the City with making the public policy decision in their residents and business owners best interest.

The administration has concluded that the proposed amendment is internally consistent with Comprehensive Plan pursuant to Objective 9, of the Conservation/Coastal Zone Management Element which states the following:

OBJECTIVE 9: DENSITY LIMITS
Direct population concentrations away from city-wide coastal high hazard area by prohibiting residential density increases, except to incentivize workforce or affordable housing.

Objective 9 prioritizes the development of workforce and affordable housing due to the shortage of such units, which has resulted in the majority of the workforce having to commute into the City, causing very heavy traffic congestion. Also, the City has adopted several ordinances to address sea level rise and storm surges, including the freeboard ordinance and the minimum grade ordinance, both of which ensure that all new residential units will be resilient.

The Florida Department of Transportation (FDOT) provided the following comments:

Because of the proposed amendment's proximity to I-195, which is a SIS facility, a quantitative assessment of the amendment's maximum potential transportation impacts upon the roadway is necessary. The District requests that the City provide transportation analysis to document the maximum potential impact the proposed additional dwelling units will have upon the transportation network. This should include the following:

• The net new increase in potential daily and/or peak hour vehicular trips given the proposed amendment must be assigned to the roadway network based on a reasonable trip distribution.

• Based on the distributed net new potential trips, a peak hour capacity analysis of the surrounding roadway network, including all SIS facilities, must be performed to ascertain if the net new trips associated with the proposed amendment significantly impact the roadway network.

• The findings from these analyses should be summarized and appropriately documented to facilitate subsequent review.

• If roadway deficiencies are identified, the City will need to demonstrate the long term adequacy of transportation facilities to meet established acceptable levels of service, as required by ss. 163.3177(3)(a)3., and 163.3177(6)(a)8., Florida Statutes. The City will also need to include a plan for how it will correct existing facility deficiencies and meet the identified needs of the projected transportation system based on data, analysis, and associated principles and strategies as required by ss.163.3177(6)(b)1.e., Florida Statutes.

The administration is preparing a detailed analysis to address FDOT’s concerns. Notwithstanding these comments from FDOT, the administration believes that the analysis will show that significant traffic impacts are not expected as a result of this amendment, and that the City can adopt the comprehensive plan amendment.