| | | | | | | |  | Ordinances - R5 H
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Alina T. Hudak, City Manager | | | DATE: | September 17, 2021 | | | | First Reading
| | SUBJECT: | NONCONFORMING RESIDENTIAL BUILDINGS - REPAIRS EXCEEDING 50%
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES," BY AMENDING ARTICLE IX, "NONCONFORMANCES," SECTION 118-395, "REPAIR AND/OR REHABILITATION OF NONCONFORMING BUILDINGS AND USES," TO AMEND THE REGULATIONS APPLICABLE TO THE REPAIR AND/OR REHABILITATION OF EXISTING NON-CONFORMING RESIDENTIAL BUILDINGS; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. |
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| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission approve the subject Ordinance at First Reading and schedule a Second Reading / Public Hearing for October 13, 2021. |
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| | | | | | | | BACKGROUND/HISTORY
| | On July 28, 2021, at the request of Commissioner Mickey Steinberg, the City Commission referred the proposed Ordinance to the Planning Board (item R9 K). |
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| | | | | | | | ANALYSIS
| PLANNING ANALYSIS
Recently, the City has undertaken a rigorous review of existing buildings in the City of Miami Beach, especially buildings undergoing a 40-year recertification under the Miami-Dade County Code. Consistent with this endeavor, the purpose of this proposed amendment to the Land Development Regulations is to incentivize the comprehensive repair and rehabilitation of existing, nonconforming residential buildings, provided no new floor area is proposed. The proposed amendment would allow non-conforming multi-family residential buildings to exceed the 50% rule and maintain all existing non-conforming attributes provided the work includes structural, electrical, life-safety and related repairs to comply with and/or exceed the requirements of the Florida Building Code.
Chapter 118 of the Land Development Regulations, at Article IX, entitled "Nonconformances," governs nonconforming uses and buildings. Under Section 118-395 if the owner of a multifamily building or a condominium association submits plans to repair or rehabilitate an existing, nonconforming residential building, the Building Official is required to determine the value of the proposed improvements. If the value of the repair or rehabilitation work exceeds 50 percent of the value of the building, the entire building and any new construction is required to comply with the current development regulations (including the current maximum FAR) for the underlying zoning district.
The proposed amendment would provide an incentivize for building owners and condo associations to implement repairs by allowing a building's legal nonconforming status to remain (including nonconforming FAR, height, setbacks, open space, minimum and average unit size, and parking credits) even if the work exceeds 50 percent of the value of the building. To ensure compliance, the amendment requires the following:
1. All portions of the entire building shall remain fully intact and retained.
2. The building shall meet or exceed the minimum structural, life-safety and electrical requirements of the Florida Building Code.
3. Increases in the size of exterior window and door openings shall not be permitted unless required by the Florida Building Code.
As the amendment would only apply to repair/rehabilitation work where no new FAR is proposed, both the Planning Department and City Attorney's Office have determined that City Charter Section 1.03(c) is not implicated.
PLANNING BOARD REVIEW
On August 18, 2021, the Planning Board held a public hearing and transmitted the Ordinance to the City Commission with a favorable recommendation by a vote of 5-0.
APPLICATION FEE WAIVER
The subject amendment was referred on a comprehensive, citywide basis, and not on behalf of a private applicant or third party. Pursuant to section 118-162(c) of the Land Development Regulations of the City Code, amendments to the City Code require the payment of the applicable fees in section 118-7 and Appendix A. These fees may be waived by a five-sevenths (5/7ths) vote of the City Commission, based upon one or more of the following circumstances:
1. The City Manager determines, in writing, that the proposed amendment is necessary due to a change in federal or state law, and/or to implement best practices in urban planning;
2. Upon written recommendation of the city manager acknowledging a documented financial hardship of a property owner(s) or developer(s); and/or
3. If requested, in writing, by a non-profit organization, neighborhood association, or homeowner's association for property owned by any such organization or association, so long as the request demonstrates that a public purpose is achieved by enacting the applicable amendment.
The City Manager has determined that the proposed amendment is necessary to implement best practices in urban planning.
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| | | | | | | | SUPPORTING SURVEY DATA
| | Improve and Enhance Multi-Family Buildings |
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| | | | | | | | CONCLUSION
| The Administration recommends the following:
1. In accordance with section 118-162(c) of the City Code, the City Commission waive the applicable application fees based upon the legislation implementing best practices in urban planning.
2. The City Commission approve the subject Ordinance at First Reading and set a Second Reading/Public Hearing for October 13, 2021. |
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| | | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | | Yes | | No | |
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| | | | | | | | Legislative Tracking
Planning |
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| | | | | | | | Sponsor
Commissioner Micky Steinberg |
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