| | | | | | | |  | Ordinances - R5 F
COMMISSION MEMORANDUM |
| | | |
| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Rickelle Williams, Interim City Manager | | | DATE: | May 15, 2024 | | | | 10:35 a.m. First Reading Public Hearing
| | SUBJECT: | REPEAL OF CD-2 CO-LIVING INCENTIVES AND REDUCE TC-C CO-LIVING CAP
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH RESILIENCY CODE, BY AMENDING CHAPTER 7, ENTITLED "ZONING DISTRICT REGULATIONS," ARTICLE II, ENTITLED "DISTRICT REGULATIONS," AT SECTION 7.2.11, ENTITLED "CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," AT SUBSECTION 7.2.11.5, ENTITLED "WASHINGTON AVENUE (CD-2)," BY REPEALING CO-LIVING UNITS AS AN ALLOWABLE USE AND ELIMINATING ALL REFERENCES TO SUCH; AND BY AMENDING SECTION 7.2.14, ENTITLED "NORTH BEACH TOWNCENTER CORE DISTRICT (TC)," AT SUBSECTION 7.2.14.6, ENTITLED "TOWN CENTER-CENTRAL CORE (TC-C) DISTRICT," BY REDUCING THE MAXIMUM NUMBER OF CO-LIVING UNITS THAT MAY BE BUILT WITHIN THE DISTRICT; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. |
| | | |
| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission approve the subject ordinance at First Reading and schedule a Second Reading public hearing for July 24, 2024. |
| | | |
| | | | | | | | BACKGROUND/HISTORY
| On December 13, 2023, at the request of Commissioner Alex Fernandez, the Mayor and City Commission referred a discussion item (C4 T) pertaining to co-living units to the Land Use and Sustainability Committee (LUSC) and the Planning Board. Commissioners Tanya K. Bhatt and Joseph Magazine are co-sponsors of the proposal.
On February 5, 2024, the LUSC recommended that the Planning Board transmit the proposed ordinance to the City Commission with a favorable recommendation. |
| | | |
| | | | | | | | ANALYSIS
| Co-living units, which were introduced pursuant to the creation of the North Beach Town Center Central Core District (TC-C) in 2018, are defined as follows:
Co-living shall mean a small multi-family residential dwelling unit that includes sanitary facilities and provides access to kitchen facilities; however, such facilities may be shared by multiple units. Additionally, co-living buildings shall contain amenities that are shared by all users.
Currently, co-living units are only permitted along limited portions of Washington Avenue, and in the North Beach Town Center. Specifically, in South Beach, co-living is only permitted on the west side of Washington Avenue between 6th Street and 15th Street, and on both sides of Washington Avenue between 15th Street and 16th Street. In North Beach, co-living is only permitted in the TC-C district and is subject to a limit of 550 co-living units throughout the entire district.
The only co-living project previously approved on Washington Avenue was located at 1234-1260 Washington Avenue. Although a demolition permit was issued for the project, and demolition commenced, a full building permit was never issued. A previous application for co-living units on the east side of Washington Avenue (1500 block) never received approval and has been converted to an application for a hotel development with accessory uses.
The following is a summary of co-living units in the North Beach TC-C district that have obtained a building permit process number as of October 1, 2023:
Project Address Co-Living Units
7118-7114 Collins Avenue 168
7125-7145 Carlyle Avenue 121
6970 Collins Avenue 20
409 71st Street 139
6973 Indian Creek Drive 81
Total Units Proposed 529
Units Previously Remaining 21
Co-living units in the TC-C district are only permitted for projects that have obtained a building permit process number by October 1, 2023. As such the 21 co-living units shown above as "previously remaining" can longer be utilized. Additionally, if any of the permits for the above noted projects become inactive or expire, the associated co-living units would expire and could not be re-activated.
The proposed ordinance removes the ability for any co-living units on Washington Avenue, repealing all references to such use in the Washington Avenue corridor. This would likely have a negligible impact as the previously approved proposal, as noted above, does not appear to be moving forward.
Regarding the TC-C district, no additional co-living units beyond the 529 units currently permitted would be allowed in the district. As proposed, the ordinance would reduce the number of co-living units from the current cap of 550 to 529.
PLANNING BOARD REVIEW
On April 25, 2024, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with a favorable recommendation (7-0).
APPLICATION FEE WAIVER
The subject amendment is proposed on a comprehensive, citywide basis, and not on behalf of a private applicant or third party. Pursuant to section 2.4.1.c of the Land Development Regulations of the City Code, amendments to the City Code require the payment of the applicable fees in section 2.2.3.5, 2.2.3.6, and appendix A to the City Code. 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 Commission determines that the proposed amendment is necessary due to a change in federal or state law, or to implement best practices in urban planning, or based on circumstances unique to the proposed amendment.
2. Upon the written recommendation of the City Manager acknowledging a documented financial hardship of a property owner(s) or developer(s).
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 Administration recommends that the City Commission waive 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. 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 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
|
| | | |
| | | | | | | | SUPPORTING SURVEY DATA
| | N/A |
| | | |
| | | | | | | | FINANCIAL INFORMATION
| | No Fiscal Impact Expected |
| | | |
| | | | | | | | CONCLUSION
| The Administration recommends the following:
1. The City Commission approve the subject ordinance at First Reading and schedule a Second Reading public hearing for July 24, 2024.
2. In accordance with section 2.4.1.c.1 of the Land Development Regulations of the City Code, the City Commission waive the applicable fees based on circumstances unique to the proposed amendment. |
| | | |
| | | | | | | | | 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 | |
| | | |
| | | | | | | | Legislative Tracking
Planning |
| | | |
| | | | | | | | Sponsor
Commissioner Alex Fernandez and Co-Sponsored by Commissioners Bhatt, Magazine, and Suarez |
| | | |
|