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HomeMy WebLinkAboutPowerPoint Presentation-Planning Dept - Miami 21 Presentation - 06-02-10Special Session of the City Commission June 2, 2010 Cityof Miami ' PIfrjj2J Single Family and Duplex As requested, analysis is based on single story structure on 50 x 100 lot Question Response Are SF homes getting smaller? No. For typical lots, front, side and rear setbacks are the same as the former code. Allowed lot coverage is the same on ground floor. As a benefit, porches can be more prominent under Miami 21 What is maximum size of the structure under 11000 and Miami 21? Size of the structure is the same in both scenarios (2,500 square feet on a typical 5,000 sf lot) What is minimum unpaved area under 11000 and Miami 21? There are green space requirements 11000: 15% of gross lot (937 sf on typical lot) M21: 25% of the lot area (1,250 sf on typical lot) What documents required for approval to expand structure? Documents required through the building permit process as part of the work to be done. Plans, survey, etc. Not a Miami 21 requirement Process to eliminate trees as part of expansion? Trees eliminated? Process for tree removal as per Chapter 17 of City I Code for environmental preservation. Trees may be eliminated, replaced or relocated. EI 2 Single Family and Duplex As requested, analysis is based on single story structure on 50 x 100 lot Question What has changed in the definition of residential floor area? How would this affect adjusted square footage reported to tax assessor? Will house appear bigger now? Will taxes go up as a result? What would make a house non -conforming? Response Buildable areas are based on lot coverage and setbacks. Floor Lot Ratio (FLR) is not used in the calculations for single family homes and duplexes. Miami 21 does not affect square footage used by Tax Assessor. Criteria for methodology used in assessment process is established by Florida Statutes. No. See above. Nonconformities are created any time zoning regulations are modified. As such, non -conformities regularly occur and are not limited to adoption of new codes, but have existed from amendments of city's first zoning code (1934). Just means structures were built under requirements of different zoning regulations. Structures have and continue indefinitely as were built. Iva 2 firerCI ,your li uL. Single Family and Duplex As re • uested anal sis is based on single story structure on 50 x 100 lot Question Response Keep a non -conforming house Yes. 11.1. forever? Will I be able to sell it? Will this be a material defect that need to be reporter by realtor? What happens to non -conforming house in 20 years? Do I need to do anything to keep my house? No, this is not a material defect. Structures can still be Wt./Lill ied, enlarged, and altered with no pc! iiayc limitations by Waiver. Nothing. No modifications are required. Structure remains indefinitely. Can I convert attached garage to granny flat? Neither 11000 nor Miami 21 allow the conversion of attached garages to granny flats. What are the requirements to do so? This scenario was not allowed under 11000 and is not allowed under Miami 21. If it exists illegally, what would be needed to legalize it? No provisions exist to legalize a structure built outside what is allowed. This is different then a structure that is allowed, but constructed without a permit. Single Family and Duplex Question Response If I build a new home, what is the difference between new house and others in the block? There are bound to be differences depending when other homes were built. Differences may be minor. Home built in the 80's may have more prominent garage, whereas M21 would require garage to be in line with main facade of home. Will I have to place parking on the side of the house? One parking space has to be in line with main facade of home. Will there be regulations to number of trees? Can I have a fence in the front of the house? How high? How about around the property? How high? Same as 11000, one tree on front setback per each fifty feet of frontage. New Construction requires three trees, same as 11000 Yes, aluminum or iron picket and post fences are allowed up to five feet, all others are allowed to 3 1/2 feet. Side and rear fences can go as high as 8 feet. Could I have a circular driveway? Could I have a swimming pool and pool deck? Does it count against the minimum paved area? Yes if there is sufficient lot width to meet driveway separation requirements Yes. It is not considered green space. The same is true under 11000. iii PAIVJ2J Single Family Duplex Single Family Issues McMansions f,•;* • F,61.1.1-7 RA11/492 " , ?oor ,h Commercial Properties Question Response Will commercial single story structures under Miami 21 be smaller in size than under 11000? If so how much? What is the minimum unpaved area that a commercial property can have under 11000? Under Miami 21? Can a not -conforming commercial property be expanded? Will be able to accomplish the same or increased amount of square footage. Maximum lot coverage was increased to allow buildings to provide liners along the ground level and still provide required parking. There is no minimum unpaved area. When comparing codes, both require 10% of gross lot and net lot, respectively. For commercial property, open space can be provided (paved/unpaved) in the form of expanded sidewalks, plazas, planting beds, etc. Yes, any non -conforming structure can be expanded without the need for a special permit if in compliance with Miami 21. An expansion of the non -conforming portion of the structure may be done, but will require a special permit and is subject to limiting conditions. Nonetheless, the regulations under Miami 21 are more flexible than 11000. EI 2 Nonconformities Single Family, Duplex, Multifamily Destruction in the event of a disaster ZO 11000 Miami 21 If 50% or more of assessed valuation If less than 50% of assessed valuation The home may not be rebuilt except by public hearing and special exception. Home may be restored if begun within six (6) months. This part of the code is unclear since it addresses the use of a structure and not the structure itse/f. Allows reconstruction of house and does not stipulate percentage requirement regardless of the amount of damage. Application for reconstruction must be filed within twelve (12) months from date of destruction. This time period may be further extended by the City Commission. Repairs and Maintenance of property Only 20% of the gross square footage of the nonconforming home can be repaired within a twelve (12) month period. Allows nonconforming home to be maintained and repaired. Does not stipulate a percentage or time frame. Nonconformities Other Structures Destruction in the event of a disaster ZO 11000 Miami 21 If Tess than 50% of assessed valuation If 50% or more of assessed valuation Replacement or reconstruction is allowed by Class II (administrative) within 6 months from date of destruction May be allowed by Special Exception provided that reconstruction is essential to the reasonable conforming use within 6 months from date of destruction Replacement or reconstruction is allowed by Waiver (administrative) within 12 months from date of destruction and does not stipulate a percentage requirement * In addition, allows City Commission to authorize a time extension citywide EIg 2 Nonconformities Uses Destruction in the event of a disaster ZO 11000 Miami 21 Less than or equal to 50% of assessed value More than 50% of assessed value Replacement or reconstruction is allowed by Class II (administrative) within 6 months from date of destruction May be allowed by Special Exception provided that reconstruction is essential to the reasonable conforming use within 6 months from date of destruction Use may be restored by Warrant (administrative). Application for restoration shall be filed within twelve months of destruction and does not stipulate a percentage requirement EVI 2 Nonconformities General Alterations or expansions not affecting nonconformity Alterations or expansions of the nonconformity Repair/ Maintenance Single Family Duplex Multi -Family Building Permit Waiver Allowed, no percentage limitation All other structures Building Permit If < 50% 4 Exception If >_ 50% 4 Not allowed Allowed, no percentage limitation Nonconforming Building Permit as If < 50% 4 Exception Allowed, no Uses long as degree of If >_ 50% 4 Not allowed percentage nonconformity is limitation not increased This scenario is more flexible than ZO 11000 since it distinguishes expansions that do not affect the nonconformity and also does not limit the repair and maintenance that can be done Single Family Commercial / Industrial Nonconformity Example 11 2 Commercial Examples I Service and ©rive thre entrance Pharmacy or Convenience Store Grocery Store & Bank (Bird Rd rStreetscreen in absence of building parking setback J_ 1 I I I 1 I I T_ 'Adjacent Properties Primary Frontage Secondary Frontage 'New York Street' e6elua j Ne uud Fast Food or Bank Eva IAA Affordable Housing & M21 • Miami 21 takes a new approach to Affordable Housing offering incentive based approach in all T6 areas of the city. The Public Benefits program encourages affordable housing in all neighborhoods by providing an onsite bonus and creates a trust fund to provide incentives for affordable housing • Intent is to include affordable housing in areas that are viable and attractive instead of placing them in industrial or commercial areas where other neighborhood services and jobs may not exist. This is one of the many factors that ultimately create a diverse, attractive, stable and well served community • Public benefits program allows market -rate development to pay into the Trust Fund for additional capacity, which will expand the funds available for affordable housing fire r a ., ?Of, li a. Affordable Housing Question Miami 21 has taken all C-2 properties and re -zoned them to either T6-8, T6-12, or D-1. Affordable housing developers are competing with market rate developers for the same class of properties — properties are then too expensive for affordable housing developers to use Response C-2 properties where housing was appropriate were zoned T5 or T6 accordingly. Housing on C-2 was not allowed by right. Residential uses on T5 or T6 now allowed as of right, making process easier (and less expensive) for developers to include residential uses. Will ease approval process and facilitate receipt of State and Federal Housing incentives since does NOT require a public hearing to receive a development order Under M21, more land is available for residential development as of right. Market demands and location will determine land values. This holds true for any zoning classification, under 11000 and M21. C-1 and C-2 had similar development capacities, therefore market conditions such as location, are more likely to have a determining factor on the value The Public Benefits program gives an advantage and incentive that allows additional capacity by providing affordable housing, an advantage that no one else has. T5 abutting a D1 can build an additional story and T6-8 can receive 30% additional capacity, which gives affordable housing a competitive advantage Affordable Housing Question D1 properties are zoned for Industrial and only allow live -work at 18 units/acre D1 is far too low a density for Miami's affordable housing developers who were permitted 150 units/acre under C-2 zoning (and typically built in the 115-130 units/acre range) Response City Commission recently approved Work/Live Density to 36 units per acre. However, these zones are intended for the work - live environment as a way to create and maintain jobs within the City. C-2 zoning did not allow housing to occur as of right. It required a Special Exception. Therefore there was no guarantee that housing could in fact be built in these areas. In C-2 areas where housing was not appropriate, the City could deny those Exceptions. The D1, T5, and T6 allow for housing to be built as of right. It essentially determines where housing is appropriate. Affordable housing development should be occurring in areas that provide diversified housing opportunities. This maximizes the availability of different housing types, where communities can expand the supply of affordable housing and meet a wider range of their constituent's needs. GIDIwrCI , ?00/71 , Illuminated Signs Concern over illuminated signs within 100 feet from residential areas — Change not recommended since it would make signage along many commercial corridors illegal as the examples below 2 ya.ru , yoe�r�irz. Green Requirements • Over 30 municipalities now require LEED certification for private development, including Los Angeles, Boston, Tampa, Portland, and Washington, D.C. • Expedited permitting already exists as part of City Code • Incentives exist for Gold and Platinum and also for properties below 50,000 square feet • Fees collected assist the Public Benefits Trust Fund • Enforcement of the regulations may not be feasible without some sort of verification process i11 `Z firer a .�, yoe.r li uL. City Applicable to: Min. Cert. Level Size Threshold Required Documentation Enforcement Mechanism Payment/Fee/Bond Required Misc. Notes Miami All New Constuction > 50K of habitable space LEED Silver or equivalent > 50K sf Performance bond shall be issued prior to C.O. if certification not achieved 50 -100K sf - 2% of Constr. Cost; 100K 200K sf - 3% Constr. Cost; > 200K sf - 4% of Constr. Cost City draws down on bond 1 year from issuance of C.O. Washington, D.C. Non-residential new construction and improvements over 50K sf of gross Floor Area Meet or exceed LEED NC 2.0/CS 2.2 > 50K sf Agent or 3rd Party Agency shall review applications for Performance bond or irrevocable letter of credit shall be issued <1501< sf - 2% of total bldg cost; 150K-2501< sf -3% of cost; > 250K sf - 4% of cost; Addition of 'Green Building Fee' to construction permit fees; Exemptions granted by Mayor Certificatio n compliance not to exceed $3 Million prior to C.O. Los Angeles All new Construction greater than 50K sf LEED Certified or higher >50K sf Submit LEED Scorecard and Signed declaration of compliance by LEED AP Withholding Bldg Permit Cost of Certifciation San Francisco residential bldgs; Large Commercial buildings > 25K sf At time of permit: Witholding of final C.O. til acceptable verification is received; Failure shall be subject to the procedures governing abatement of unsafe structures Resid: LEED Silver or >50 Greenpoint s; Comm: LEED Gold (by 2012) Submit documentation Professional of fromHigh-rise Record that reqs have been met; At Completion: Final Certificate of Compliance verified by department Cost of Certifciation Addt'I req. for small and mid- size res and comm bldgs; Exemptions granted by Director jj2j City Applicable to: Min. Cert. Level Size Threshold Required Documentation Enforcement Mechanism Payment/Fee/Bond Required Misc. Notes Portland (proposed) New Commercial and Multifamily buildings LEED Silver Phased over time; > 20K sf by 2013 LEED Certificaiton, verificaiton of performance Feebate System Waiver of fee if min. cert. is acquired; fee assessed if under, reward provided if over Has not been approved Baltimore Newly constructed commercial or residential buildings LEED Silver 10,000 s.f. or greater Proof of certification of LEED Witholding of building permit if no compliance Cost of Certifciation San Jose, CA Commercial/ Industrial and hi -rise residential private development Commercial: LEED (Silver or better) Residential: Build It Green's (BIG) Green Point Rated rating system 25,000 S.F. or greater Proof of certification of LEED Payment of Green Building Refundable Deposit in amount set by resolution of city council prior to the issuing of a building permit Cincinnatti Newly constructed or rehabilitation of commmerical or residential properties LEED certified N/A Proof of LEED Certification properties will be monitored for violation of contract in which case abatement can be rescinded or terminated Abatement 15 years for new construction and 12 years for renovation Chatham County, GA All Commercial buildings. (Qualifying projects are new or expanding businesses in an enterprise zone that increase employment opportunities) LEED Gold Certification Full property state and county tax abatement for the first five years, then tapering off by 20% each year until the tenth year. 1 '�V ivivite02 Possible Alternatives • LEED Checklist in lieu of bond requirement; withhold Certificate of Occupancy (CO) • Fine for failure to comply • Alternative financial instruments in lieu of bond freru�l�ocr�GG,