| | | | | | | | | Ordinances - R5 E
COMMISSION MEMORANDUM |
| | | |
| | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | FROM: | Jimmy L. Morales, City Manager | | DATE: | June 28, 2017 | | | 5:05 p.m. First Reading Public Hearing
| SUBJECT: | AFFORDABLE HOUSING UNIT SIZE AND PARKING REQUIREMENTS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY’S LAND DEVELOPMENT REGULATIONS; BY AMENDING CHAPTER 58, “HOUSING,” BY ESTABLISHING ARTICLE V, “HOUSING FOR LOW AND/OR MODERATE INCOME ELDERLY PERSONS”; PROVIDING CODIFICATION; BY AMENDING CHAPTER 114, “GENERAL PROVISIONS,” AT SECTION 114-1, “DEFINITIONS,” TO ESTABLISH BY REFERENCE TO CHAPTER 58, “HOUSING” DEFINITIONS FOR NON-ELDERLY AND ELDERLY LOW AND MODERATE INCOME HOUSING; BY AMENDING CHAPTER 130, “OFF-STREET PARKING,” AT SECTION 130-32, “OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICT NO. 1,” AND SECTION 130-33, “OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3, 4, 5, 6, AND 7.” BY AMENDING THE PARKING REQUIREMENTS FOR LOW AND/OR MODERATE INCOME NON-ELDERLY AND ELDERLY PERSONS; BY AMENDING CHAPTER 142, “ZONING DISTRICTS AND REGULATIONS,” ARTICLE II, “DISTRICT REGULATIONS,” DIVISION 3, “RESIDENTIAL MULTIFAMILY DISTRICTS,” SUBDIVISION II, “RM-1 RESIDENTIAL MULTIFAMILY LOW INTENSITY,” SUBDIVISION IV, “RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY,” SUBDIVISION V. “RM-3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY,” DIVISION 4. “CD-1 COMMERCIAL, LOW INTENSITY DISTRICT,” DIVISION 5. “CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT,” DIVISION 6. “CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT,” DIVISION 13, “MXE MIXED USE ENTERTAINMENT DISTRICT,” DIVISION 18, “PS PERFORMANCE STANDARD DISTRICT,” DIVISION 20, “TC NORTH BEACH TOWN CENTER DISTRICTS,” BY STRIKING ALL REFERENCE TO SECTION 142-1183 ENTITLED "UNIT SIZE" AND CREATING NEW MINIMUM AND AVERAGE APARTMENT UNIT SIZES FOR NON-ELDERLY AND ELDERLY LOW AND MODERATE INCOME HOUSING; BY AMENDING ARTICLE IV, “SUPPLEMENTARY DISTRICT REGULATIONS,” BY AMENDING DIVISION 6, “HOUSING FOR LOW AND/OR MODERATE INCOME ELDERLY PERSONS,” BY STRIKING THIS DIVISION; PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. |
| | | |
| | | | | | | | RECOMMENDATION
| The Administration recommends that the City Commission approve the Ordinance Amendment at First Reading, and schedule a Second Reading Public Hearing for July 26, 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:
-
The requirements of Miami-Dade County for municipalities to establish workforce housing action plans; and
-
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:
-
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.
-
Amend the Land Development Regulations to provide minimum and average unit size reductions for workforce and affordable housing projects.
-
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 this item, which include a comprehensive plan amendment, as well as similar requirements and incentives in the Land Development Regulations for workforce housing.
PLANNING ANALYSIS
The City Code contains policies intended to facilitate development of affordable housing for low and/or moderate income elderly persons. The initial regulations adopted in 2008 reduced the parking requirements and the minimum average unit size for projects in new and rehabilitated buildings, in order to make such projects more affordable. In order to ensure that the purpose of the amendment was met, the ordinance contained specific definitions and mandatory criteria for such qualifying projects.
In 2011, the Code was further modified to extend these policies to affordable housing projects certified for low and/or moderate income non-elderly persons. The minimum unit size was set at and 400 square feet for rehabilitated buildings and 550 square feet for new construction.
Currently, the development regulations for affordable low and/or moderate elderely and non-elderly persons is contained within Article IV, Division 6, “Housing for Low and/or Moderate Income Non-elderly and elderly persons,” of the Land Development Regulations. This Ordinance proposes to relocate this to the housing division under Chapter 58, “Housing”.
In order to further facilitate the construction of affordable housing, this ordinance reduces the minimum and average unit size to 400 square feet across all zoning districts within the City where multifamily residential units are allowed. It also reduces the parking requirements from 0.5 to zero (0) for elderly housing, and from 1 (one) to 0.5 for low and/or moderate income non-elderly persons. It also would allow the number of affordable housing units on a site with an existing building to be increased (both within an existing building, and within any new construction on site), with no additional parking requirements.
City Charter Issues
The request for modifications to the minimum unit size requirements 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 ordinance increase the allowable density for 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.
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 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 Ordinance Amendment at First Reading, and schedule a Second Reading Public Hearing for July 26, 2017. |
| | | |
| | | | | | | | Legislative Tracking Planning |
| | | |
| | | | | | | | Sponsor Commissioner John Elizabeth Aleman |
| | | |
|