Item Coversheet

Ordinances - R5  D




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Jimmy L. Morales, City Manager 
DATE:June  28, 2017
 

5:04 p.m. First Reading Public Hearing

SUBJECT:

WORKFORCE AND AFFORDABLE HOUSING - COMPREHENSIVE PLAN AMENDMENTS:

AN ORDINANCE AMENDING THE CITY OF MIAMI BEACH YEAR 2025 COMPREHENSIVE PLAN, BY AMENDING CHAPTER 1, ENTITLED "FUTURE LAND USE ELEMENT;" "OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS," TO ALLOW FOR INCREASED DENSITY WITHIN CERTAIN FUTURE LAND USE CATEGORIES FOR THE LIMITED PURPOSES OF PROVIDING AFFORDABLE HOUSING AND WORKFORCE HOUSING PURPOSES AND TO ALLOW FOR RESIDENTIAL USES IN THE "PARKING (P)" FUTURE LAND USE CATEGORY; AMENDING CHAPTER 3, ENTITLED "HOUSING ELEMENT," TO PROVIDE INCENTIVES FOR DEVELOPING WORKFORCE AND AFFORDABLE HOUSING; CLARIFY POLICIES RELATED TO WORKFORCE AND AFFORDABLE HOUSING; AMENDING CHAPTER 6, ENTITLED "CONSERVATION/ COASTAL ZONE MANAGEMENT ELEMENT," TO ALLOW FOR DENSITY INCREASES IN ORDER TO INCENTIVIZE WORKFORCE AND AFFORDABLE HOUSING PROJECTS/CONSTRUCTION; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; TRANSMITTAL; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.

 


RECOMMENDATION

The Administration recommends that the City Commission approve the Comprehensive Plan Amendment at First Reading, and schedule a Second Reading Public Hearing for September 13, 2017.

ANALYSIS

BACKGROUND

On January 25, 2017, the City Commission held a workforce and affordable housing workshop. As part of this workshop, the Commission recommended that the following matters be referred to the Land Use and Development Committee for discussion and recommendation:

 

  1. The requirements of Miami-Dade County for municipalities to establish workforce housing action plans; and

     

  2. Applicable Comprehensive Plan Amendments and potential incentives, as it pertains to workforce housing in the City.


    On February 15, 2017, the Land Use Committee discussed these items and recommended that the following amendments to the Comprehensive Plan and Land Development Regulations be referred to the Planning Board:

     

  1. Amend the Comprehensive Plan to reduce the goal of workforce and affordable units from the current 16,000 to 6,300, as well as amend applicable objectives, policies and goals related to maximum densities.

     

  2. Amend the Land Development Regulations to provide minimum and average unit size reductions for workforce and affordable housing projects.

     

  3. Amend the Land Development Regulations to provide required off-street parking reductions for workforce and affordable housing projects.

     

    On March 1, 2017, at the request of Commissioner John Aleman, the Mayor and City Commission referred the subject items to Planning Board. 

     

    There are two companion items related to requirements and incentives in the Land Development Regulations for workforce housing and affordable housing.

 

PLANNING ANALYSIS

The Comprehensive Plan and Land Development Regulations contain policies intended to encourage the development of affordable housing.  However, the incentives have been limited and have not been very successful at encouraging the development of new affordable housing units without the use of public subsidies.  Additionally, due to increases in the desirability and land values in Miami Beach, there has been a loss of housing suitable for the workforce.  This has led to much of the City’s workforce having to relocate outside of the City, leading to increased reliance on single-occupancy vehicles and traffic congestion along the City’s limited access points.

 

The proposed Comprehensive Plan amendment would further incentivize the development of workforce and affordable housing by providing for additional density for the construction of such units.  Additionally, the amendment ensures that other policies that apply to the development of affordable housing also apply to the development of workforce housing.

 

The density increase allows the City to provide an 80 percent density increase beyond the underlying allowable density to be used only for workforce or affordable units.  Additional requirements and restrictions may also be placed within the Land Development Regulations. 

 

The amendment also modifies the City’s objectives for the development of workforce and affordable housing.  It is proposed that Objective 1 of the Housing Element be modified from requiring the maintenance of 16,000 affordable units by 2020 to a more attainable standard of 6,800 workforce and affordable units by 2030.  Due to limitations in floor area and the high cost of land, the City feels that the 6,800 number can be achieved with the proposed modifications to the Comprehensive Plan and Land Development Regulations. 

 

City Charter Issues

The request for modifications to the Comprehensive Plan is consistent with City Charter Section 1.03 (c), related to FAR, which partially states the following: 

 

            The floor area ratio of any property or street end within the City of Miami Beach shall not be increased by zoning, transfer, or any other means from its current zone floor area ratio as it exists on the date of adoption of this Charter Amendment (November 7, 2001), including any limitations on floor area ratios which are in effect by virtue of development agreements through the full term of such agreements, unless such increase in zone floor area ratio for any such property shall first be approved by a vote of the electors of the City of Miami Beach.

 

While the proposed ordinances increase the allowable density for workforce and affordable housing, increased density does not equate to increased FAR.  While FAR results in the amount of square footage that can be constructed, density relates to the number of units per acre that can be constructed.  Density, therefore relates to the number and size of units permitted within the allowable square footage.  

 

Comprehensive Planning Process

This application includes a proposed text amendment to Policy 1.2 of the Future Land Use element of the Compressive Plan.  Under Section 163.3184(2), F.S., this amendment shall follow the expedited state review process for adoption of comprehensive plan amendments.  This process requires a public hearing by the local planning agency (Planning Board), a public transmittal hearing before the City Commission, after which the amendment must be transmitted to several state agencies for a 30-day review period, and a final adoption public hearing before the City Commission.  The amendment is effective 31 days after it is adopted if there are no appeals.

 

Interlocal Agreement for Public School Facility Planning

The 2005 Florida Legislature adopted laws which are incorporated in the Florida Statutes, requiring each local government to adopt an intergovernmental coordination element as part of their comprehensive plan, as well as a statutory mandate to implement public school concurrency.  The overlay district as proposed does increase the maximum residential density, therefore a preliminary school concurrency determination is not necessary. 

 

Final site plan approval of any proposed development on the site is contingent upon meeting Public School Concurrency requirements and the applicant will be required to obtain a valid School Concurrency Determination Certificate (Certificate) issued by the Miami-Dade County Public Schools. Such Certificate will state the number of seats reserved at each school level. In the event sufficient seats are not available, a proportionate share mitigation plan shall be incorporated into a tri-party development agreement and duly executed prior to the issuance of a Building Permit.

 

 

PLANNING BOARD REVIEW

On May 23, 2017, the Planning Board discussed the item and continued it to June 27, 2017.  The Planning Board is scheduled to review and transmit the proposed Comprehensive Plan Amendment Ordinance to the City Commission on June 27, 2017. The Administration will update the City Commission on the vote of the Planning Board on the floor of the Commission meeting.


CONCLUSION

The Administration recommends that the City Commission approve the Comprehensive Plan Amendment at First Reading, and schedule a Second Reading Public Hearing for September 13, 2017.
Legislative Tracking
Planning
Sponsor
Commissioner John Elizabeth Aleman

ATTACHMENTS:
Description
Form Approved CP Ordinance
Ad