| | | | | | | |  | Ordinances - R5 F
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Alina T. Hudak, City Manager | | | DATE: | January 31, 2024 | | | | 10:45 a.m. Second Reading Public Hearing
| | SUBJECT: | LIVE LOCAL ACT ADMINISTRATIVE REVIEW PROCEDURE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH RESILIENCY CODE, AT CHAPTER 2, ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE V, "REZONINGS AND DEVELOPMENT APPROVALS," TO ESTABLISH SECTION 2.5.5, ENTITLED "DEVELOPMENT APPROVALS UNDER THE LIVE LOCAL ACT," TO ESTABLISH REGULATIONS AND PROCEDURES FOR THE REVIEW AND APPROVAL OF DEVELOPMENTS PURSUANT TO THE LIVE LOCAL ACT (INCLUDING SECTION 166.04151(7), FLORIDA STATUTES); AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. |
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| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission adopt the subject ordinance. |
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| | | | | | | | BACKGROUND/HISTORY
| On September 13, 2023, at the request of former Mayor Dan Gelber, Commissioners Alex Fernandez and Laura Dominguez, and then Commissioner/newly elected Mayor Steven Meiner, the City Commission referred an amendment pertaining to the Live Local Act (the Act) to the Planning Board (C4 R). The purpose of this referral was for Planning staff to draft ordinance amendments to clarify the requirements of the Act within the City’s development regulations and to address the maximum building height provisions set forth in the Act.
On March 24, 2023, the Florida Legislature adopted Senate Bill 102, known as the “Live Local Act” which, in pertinent part, provides development incentives and overrides certain local zoning regulations for developments that provide at least 40% workforce housing in commercial, industrial, and mixed-use districts. Specifically, the Live Local Act amends section 166.04151, Florida Statutes, entitled “Affordable Housing,” to add the following text:
(7)(a) A municipality must authorize multifamily and mixed use residential as allowable uses in any area zoned for commercial, industrial, or mixed use if at least 40 percent of the residential units in a proposed multifamily rental development are, for a period of at least 30 years, affordable as defined in s. 420.0004. Notwithstanding any other law, local ordinance, or regulation to the contrary, a municipality may not require a proposed multifamily development to obtain a zoning or land use change, special exception, conditional use approval, variance, or comprehensive plan amendment for the building height, zoning, and densities authorized under this subsection. For mixed-use residential projects, at least 65 percent of the total square footage must be used for residential purposes.
(b) A municipality may not restrict the density of a proposed development authorized under this subsection below the highest allowed density on any land in the municipality where residential development is allowed.
(c) A municipality may not restrict the height of a proposed development authorized under this subsection below the highest currently allowed height for a commercial or residential development located in its jurisdiction within 1 mile of the proposed development or 3 stories, whichever is higher.
(d) A proposed development authorized under this subsection must be administratively approved and no further action by the governing body of the municipality is required if the development satisfies the municipality’s land development regulations for multifamily developments in areas zoned for such use and is otherwise consistent with the comprehensive plan, with the exception of provisions establishing allowable densities, height, and land use. Such land development regulations include, but are not limited to, regulations relating to setbacks and parking requirements.
(e) A municipality must consider reducing parking requirements for a proposed development authorized under this subsection if the development is located within one-half mile of a major transit stop, as defined in the municipality’s land development code, and the major transit stop is accessible from the development.
(f) A municipality that designates less than 20 percent of the land area within its jurisdiction for commercial or industrial use must authorize a proposed multifamily development as provided in this subsection in areas zoned for commercial or industrial use only if the proposed multifamily development is mixed-use residential.
(g) Except as otherwise provided in this subsection, a development authorized under this subsection must comply with all applicable state and local laws and regulations.
For reference, section 420.0004, Florida Statutes, defines affordable as follows:
“Affordable” means that monthly rents or monthly mortgage payments including taxes, insurance, and utilities do not exceed 30 percent of that amount which represents the percentage of the median adjusted gross annual income for the households as indicated in subsection (9), subsection (11), subsection (12), or subsection (17).
(9) “Extremely-low-income persons” means one or more natural persons or a family whose total annual household income does not exceed 30 percent of the median annual adjusted gross income for households within the state. The Florida Housing Finance Corporation may adjust this amount annually by rule to provide that in lower income counties, extremely low income may exceed 30 percent of area median income and that in higher income counties, extremely low income may be less than 30 percent of area median income.
(11) “Low-income persons” means one or more natural persons or a family, the total annual adjusted gross household income of which does not exceed 80 percent of the median annual adjusted gross income for households within the state, or 80 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.
(12) “Moderate-income persons” means 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.
(17) “Very-low-income persons” means one or more natural persons or a family, not including students, the total annual adjusted gross household income of which does not exceed 50 percent of the median annual adjusted gross income for households within the state, or 50 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.
The Live Local Act allows for development to provide housing for “Moderate-income persons,” which is for households with an income that is less than 120 percent of the median annual adjusted gross income for households within the metropolitan statistical area (MSA). This definition is more closely related to the City of Miami Beach’s definition of workforce housing, which allows for incomes up to 140 percent of the median family income.
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| | | | | | | | ANALYSIS
| The proposed ordinance codifies how the applicable provisions of the Live Local Act (the Act) will be applied within the City and provides a clear process that is consistent with the Act, and for which applicable projects will follow. In addition, the ordinance clarifies the applicable zoning districts that are subject to the provisions of the Act (see attached map).
The proposed ordinance creates a defined process for the review of applicable projects in accordance with the pertinent provisions of the Comprehensive Plan and the Land Development Regulations of the City Code (LDR’s) including, but not limited to, all applicable review criteria and maximum intensity (FAR). Also, the Planning Director or designee will review the proposal in accordance with the Certificate of Appropriateness, Design Review, or Conditional Use Permit (CUP) criteria, as applicable.
The proposed ordinance also clarifies that all residential and non-residential components of a site plan be on the same lot or unified development site. Additionally, the residents of all units of a building, including affordable, workforce, and market rate units, must have access to all common areas and amenities, and such access must be provided through the same principal entrance used by all dwelling units.
The Act requires that in cities that have designated less than 20 percent of their land area for commercial or industrial uses, projects taking advantage of the Act be mixed-use. As approximately 11 percent of the city is designated as a commercial or industrial district, the proposed ordinance requires that projects taking advantage of the Act be mixed-use.
In summary, the proposed ordinance provides a clear road map for future projects that may seek to utilize the provisions of the Live Local Act. The proposed ordinance also ensures that such new development projects comply with all applicable provisions of the City Code and Comprehensive Plan.
PLANNING BOARD REVIEW
On October 24, 2023, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with a favorable recommendation (7-0). The Planning Board, by separate motion (7-0), also transmitted the following recommendations:
1. Public facility levels of service be reviewed in accordance with potential density increases.
2. Sub-section 2.5.5.6.d of the proposed ordinance be modified to include a reference to floor area ratio (FAR) as follows:
d. Compliance with Land Development Regulations. No development shall be administratively approved unless and until the Planning Director has determined that the site plan complies with all applicable land development regulations that are not pre-empted by the Live Local Act, including Floor Area Ratio.
3. The ordinance be modified to direct the Planning Director to notify surrounding residents that an application has been received, to the extent possible, including staff contact information and a link to view the submitted plans.
4. The City Commission direct the Administration to review ordinances that have been adopted by other municipalities and report any applicable findings to the City Commission.
5. The City Commission explore the possibility of issuing a development moratorium to the extent permitted by law.
The Administration has no objection to recommendations 1 – 3 and amended text was included in the draft ordinance for First Reading in response to these recommendations. Additionally, recommendation 1 is already effectuated for all development projects in the City through the LOS and concurrency review process. Recommendations 4 and 5 do not involve modifications to the proposed ordinance.
UPDATE
The subject ordinance was approved at First Reading on December 13, 2023, with no changes. Additionally, in accordance with section 2.4.1.c.1 of the Land Development Regulations of the City Code, the City Commission waived the applicable fees based on circumstances unique to the proposed amendment.
BUSINESS IMPACT ESTIMATE
In accordance with Section 166.041(4), Florida Statutes, the City of Miami Beach is required to assess whether a Business Impact Estimate is required for the subject ordinance. As noted in the attached and published on the City's website on January 11, 2024, a Business Impact Estimate is not required for the subject ordinance as it implements an amendment to the Land Development Regulations.
LOBBYIST DISCLOSURE
In accordance with Resolution No. 2023-32857, adopted by the City Commission on December 13, 2023, the following information has been provided by the primary item sponsors as it relates to the subject ordinance amendment:
1. Was the Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No
2. If so, specify name of lobbyist(s) and principal(s): Not Applicable |
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| | | | | | | | SUPPORTING SURVEY DATA
| | N/A |
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| | | | | | | | FINANCIAL INFORMATION
| | No Fiscal Impact Expected |
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| | | | | | | | CONCLUSION
| The Administration recommends that the City Commission adopt the subject ordinance. |
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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
Mayor and City Commission |
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