WASHINGTON AVENUE OVERLAY - CO-LIVING AMENDMENTS

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED "LAND DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 142 OF THE CITY CODE, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE 11, ENTITLED "DISTRICT REGULATIONS," DIVISION 5, ENTITLED "CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," BY AMENDING SECTION 142-309, ENTITLED "WASHINGTON AVENUE DEVELOPMENT REGULATIONS AND AREA REQUIREMENTS," TO EXTEND THE TIME TO OBTAIN A BUILDING PERMIT FOR CO-LIVING OR MICRO RESIDENTIAL UNITS, ADOPT REGULATIONS FOR THE EAST SIDE OF WASHINGTON AVENUE WITHIN THE OVERLAY, AND ADOPT RELATED AMENDMENTS TO EXISTING REGULATIONS; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.

The proposed ordinance would amend Section 142-309 of the Land Development Regulations (LDRs) of the City Code (Washington Avenue Overlay), to modify the regulations related to co-living and micro-unit development. Specifically, the ordinance extends the timeframe to obtain a building permit for co-living or micro-unit residential projects to September 1, 2027, from the current date of March 1, 2023.

Due to challenges faced with providing the required amenity space for co-living projects, the amendment provides that restaurants, bars, or cafes on the ground floor may now count toward the amenity space requirements but cannot exceed 50 percent of the total 20 percent of amenity space required. The amendment also provides that exterior windows for co-living, or micro units may now contain laminated windows, in addition to the existing option for double-pane glass.

The proposed Ordinance creates a “South Washington Avenue” area, between 6th Street and 15th Street, and a “North Washington Avenue” area, between 15th Street and 16th Street, for the purposes of creating distinct co-living regulations for each area.

The “South Washington Avenue” area is where the existing co-living regulations apply. Portions of the current Washington Avenue co-living regulations that are only applicable in this area were moved to a new subsection (6), including the requirement that co-living units only be located on the west side of Washington Avenue, and on a site that fronts on a street with an RM-1 or RO zoning designation.

The proposed changes primarily affect the “North Washington Avenue” area. Building co-living units was previously not possible in this area and the proposed regulations provide that co-living units would be permitted on both sides of Washington Avenue. The Ordinance also provides the following restrictions for developments that contain co-living units:

1) Hotels, suite hotel, apartment hotel and/or hostels shall be prohibited.

2) The property owner shall submit a covenant running with the land, in a form acceptable to the City Attorney, agreeing to the following:

a. A minimum of 20 percent of the total number of co-living or micro residential units shall be set aside for workforce housing, as defined in Chapter 58, Article VI of the City Code.

b. The minimum rental of any co-living or micro residential unit shall be for a period of no less than three (3) months and one (1) day.

3) The percentage of maximum floor area for co-living or micro units within a development has been increased from 50 percent to 85 percent.

4) No variances are permitted from this section.

The proposed Ordinance would slightly expand the area where co-living units can be built in the City. Co-living is a housing type that is becoming more common throughout many of the country’s urban areas and is considered more attainable due to the smaller square footages permitted for each unit. Given the local and regional housing affordability issues impacting the City, co-living units are an option that can assist the City in addressing this challenge by increasing and diversifying the housing stock and inventory.

Since the proposed Ordinance contains income limits for 20 percent of the units built in the “North Washington Avenue” area, these units are expected to assist in providing housing that is attainable to the City’s workforce. The Administration is highly supportive of the proposed amendment and recommends that the Ordinance be approved.

PLANNING BOARD REVIEW
The Planning Board held a public hearing on December 20, 2022 and transmitted the Ordinance to the City Commission with a favorable recommendation by a vote of 5-2.

UPDATE
The subject ordinance was approved at First Reading on March 27, 2023, with no changes.