HomeMy WebLinkAboutO-13932City of Miami
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Legislation
Ordinance: 13932
File Number: 7579
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 10/8/2020
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED; MORE SPECIFICALLY, BY AMENDING ARTICLE 3,
SECTION 3.14, TITLED "PUBLIC BENEFITS PROGRAM", TO DISTINGUISH
THE APPROPRIATE ABUTTING CONDITION FOR "76-8-0", URBAN CORE
TRANSECT ZONE - OPEN, AND "CS", CIVIC SPACE TRANSECT ZONE,
ZONED PROPERTIES AND TO INCORPORATE ADDITIONAL BONUS AND
BY -RIGHT FLOOR LOT RATIO AND FLEXIBILITY IN STORIES FOR
PROPERTIES ZONED "76-8-0", URBAN CORE TRANSECT ZONE - OPEN, IN
TRANSIT ORIENTED DEVELOPMENT AREAS ONLY IN EXCHANGE FOR
THE PROVISION OF AFFORDABLE/WORKFORCE HOUSING AT OR BELOW
ONE HUNDRED PERCENT (100%) AREA MEDIAN INCOME; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, on July 1, 2020, the Planning, Zoning and Appeals Board (TZAB"), at a
duly noticed public hearing, considered PZAB Item No. 5 and adopted Resolution No. PZAB-R-
20-020 by a vote of eight to one (8-1), recommending approval to the City Commission of the
proposed amendment as stated herein; and
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114
as the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code"); and
WHEREAS, the Miami 21 Code currently has a robust public benefits program with
many options including Affordable Housing, parks and open space, and Transfer of Development
Rights from historic properties; and
WHEREAS, the Miami 21 Code has many incentives directed towards Transit Oriented
Development ("TOD") Areas; and
WHEREAS, it is incumbent on the City of Miami ("City") to create new incentives
intended to encourage desirable development and to direct such development to geographic
areas within the City that have infrastructure in place to accommodate that development; and
WHEREAS, in particular, TOD areas are uniquely equipped to absorb increased
development intensity due to the mitigating effects of fixed -rail mass transportation; and
WHEREAS, Article 2, Section 2.1.3.1.c. of the Miami 21 Code states that "[n]ew
development should be structured to reinforce a pattern of Neighborhoods and urban centers,
focusing growth at transit nodes rather than along Corridors"; and
City of Miami Page 1 of 3 File ID: 7579 (Revision: A) Printed On: 111612020
File ID: 7579 Enactment Number: 13932
WHEREAS, the Culmer Metrorail Station is the fifth (51") most underutilized station along
the Metrorail route (based on a weekday average) according to the Miami -Dade County
Transportation and Public Works Department; and
WHEREAS, despite having mostly 76-8," Urban Core, zoning, the properties around the
Culmer Metrorail station are developed to only approximately five percent (5%) of their overall
development capacity; and
WHEREAS, this proposed text amendment may incentivize development around the
Culmer Metrorail station, an underutilized area of the City with exemplary access to transit that is
walking distance to Civic Center and the downtown core; and
WHEREAS, this proposed text amendment may have limited efficacy for other TOD
areas today, though it may be a useful incentive for these areas as the Miami 21 Code Zoning
Atlas evolves over time; and
WHEREAS, this proposed text amendment limits properties zoned 76-8-0," Urban Core
Transect Zone — Open, from seeking such Public Benefit Bonuses when they share a property
line with a "CS," Civic Space, zoned properties; and
WHEREAS, the City Commission has considered whether the proposed amendment will
further the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan
("MCNP"), the Miami 21 Code, and other City regulations; and
WHEREAS, the City Commission has considered the need and justification for the
proposed text amendment, including changed or changing conditions that make the passage of
the proposed text amendment necessary;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
hereby adopted by reference and incorporated herein as if fully set forth in this Section.
Section 2. Article 3, Section 3.14 of the Miami 21 Code, titled "Public Benefits Program,"
is further amended in the following particulars:'
"ARTICLE 3. GENERAL TO ZONES
3.14 PUBLIC BENEFITS PROGRAM
3.14.1
1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material.
City of Miami Page 2 of 3 File ID: 7579 (Revision: A) Printed on: 111612020
File ID: 7579 Enactment Number: 13932
The bonus Height and FLR shall be permitted if the proposed Development contributes toward
the specified public benefits, above that which is otherwise required by this Code, in the amount
and in the manner as set forth herein.
The bonus shall not be available to properties in a T6 Zone if the property abuts a T3 Zone or in
a T6-8 Zone if the property ab-ts; shares a property line with a CS Zone.
17. In T6-8-0 zones located in TOD areas. a Droaosed Development may obtain an additional
two (2) Bonus FLR in addition to two (2) by Right FLR that is available only after fully utilizing all
other Bonus FLR. There will be no limitations on the number of stories but a maximum Building
Height of 179 feet (or 235 feet for developments which are 500 feet or more from T3) if the
proposed Development meets one of the following criteria, as further described in Section
3.14.4:
• For Office Development: Contributions to the Public Benefit Trust Fund for the
purposes of developing Affordable/Workforce Housing at or below one hundred percent
(100%) AMI.
• For Residential Development: All bonus height and FLR is satisfied through the
provision of on -site Affordable/Workforce Housing at or below one hundred percent
(100%) of AMI.
*„
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance should not be affected.
Section 4. It is the intention of the City Commission that the provisions of this
Ordinance shall become and be made a part of the Miami 21 Code which provisions may
be renumbered or relettered and that the word "ordinance" may be changed to "section",
"article", or other appropriate word to accomplish such intention.
Section 5. This Ordinance shall become effective ten (10) days after approval at
second reading.2
APPROVED AS TO FORM AND CORRECTNESS
1
"na dez, City Attor iey 10/13/2020
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami Page 3 of 3 File ID: 7579 (Revision: A) Printed on: 111612020