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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
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| | | | | | | | | | Item 2.
COMMITTEE MEMORANDUM | | | |
| | | | | | | | TO: Land Use and Sustainability Committee
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| FROM: Rickelle Williams, Interim City Manager
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| DATE: May 1, 2024
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| | | | | | | | | TITLE: | AMEND THE LAND DEVELOPMENT REGULATIONS TO CREATE AN APPLICATION FEE FOR ADMINISTRATIVE REVIEW OF DEVELOPMENT APPLICATIONS SUBMITTED UNDER THE LIVE LOCAL ACT |
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| | | | | | | | HISTORY:
| On March 13, 2024, at the request of Commissioner Kristen Rosen Gonzalez, the Mayor and City Commission referred the item to the Land Use and Sustainability Committee (LUSC) and Planning Board (Item C4 N).
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. The act provides that except for those regulations that are specifically pre-empted, all other provisions of local regulations apply.
On January 31, 2024, the City Commission adopted Ordinance No. 2024-4584, amending the Land Development Regulations of the City Code (LDRs) to create an administrative review process for development applications submitted under the Live Local Act. The Ordinance created section 2.5.5 in the LDRs, entitled “Development Approvals Under the Live Local Act”, which provides for an application requirement, eligible districts, an affordability covenant, minimum public notice, detailed review criteria, as well as compliance with the applicable provisions of the LDR’s and Comprehensive Plan. The ordinance also requires equivalent treatment, including equal access to amenities for affordable, workforce, and market-rate units.
As noted in the attached referral memo, the item sponsor is requesting that the LUSC discuss amending the LDR’s to create a fee for applications submitted under the Live Local Act, so the City can recover its costs. Following LUSC review, an ordinance can be transmitted to the Planning Board.
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| | | | | | | | ANALYSIS:
| The proposal is to establish a fee for applications submitted under the Live Local Act, so that the City can recover the costs of review. The city has four (4) land use boards (LUB’s):
• Design Review Board (DRB).
• Historic Preservation Board (HPB).
• Planning Board.
• Board of Adjustment (BOA).
Currently, development applications are subject to the following fees, adjusted annually for CPI, when they are submitted for review and approval from the city’s LUB’s:
• Fee for public hearing: $3,125.00.
• Per square foot of floor area fee: $0.40 per square foot up to a maximum of $40,000.00 (DRB and HPB only).
• Fee per variance: $939.00.
• Mailing fee, per address within 375 feet: $6.08 per address.
• Board Order Recording: $128.00 per page plus $16.00 for every additional page.
Additional fees are assessed for newspaper advertising, courier of packets to board members, and site postings. All of these fees are utilized to recover the cost of staff review and recommendations, complying with notice requirements, and hosting the public meetings. Currently, these fees are not applicable to Live Local Act Projects.
The Administration recommends applying fees like those noted above for LUB review and approvals, especially those intended to cover the cost of staff review and mail notice, which will continue to be required with Live Local Act projects. However, it should be noted that section 2.2.3.5 of the LDRs currently exempts workforce and affordable housing developments from many of the land use board fees, including the application fee for public hearing and the per square foot of floor area fee.
Assessing a review fee for Live Local Act projects, which by default contain workforce housing units, may conflict with the provisions of section 2.2.3.5. Also, if a Live Local Act project sought a variance, the workforce and affordable housing portions of the project would be exempt from the applicable fees. Notwithstanding the foregoing, since Live Local Act projects will likely include a significant market rate component, this would offset the cost associated with any fees assessed. To address these issues, the Administration recommends the following draft fee structure be sent to the Planning Board; the fee values will be established in Appendix A and will be subject to CPI adjustment:
Live Local Act – Required Fees:
• Site Plan Review: $3,125.00.
• Per square foot of gross floor area fee: $0.40 per square foot up to a maximum of $40,000. This per square foot fee shall only apply to the non-workforce and non-affordable housing portions of the project.
• Mailing fee, per address within 375 feet of the subject property: $6.08 per address.
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| | | | | | | | CONCLUSION:
| | The Administration recommends that the Land Use and Sustainability Committee discuss the item and provide a recommendation to the Planning Board and City Commission. |
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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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| ATTACHMENTS: | | Description | Type |  | REF C4N | Memo |
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