HomeMy WebLinkAboutPZAB (7463) ResolutionCity of Miami
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PZAB Resolution
3500 Pan American Drive
FL33133
Miami,
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www.miamigov.com
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Enactment Number: PZAB-R-20-020
File ID: 7463 Final Action Date: 7/1/2020
A RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD ("PZAB")
RECOMMENDING APPROVAL OF AN ORDINANCE TO THE MIAMI CITY
COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE"), 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 PROPERTY, AND TO INCORPORATE
ADDITIONAL BONUS AND BY -RIGHT FLOOR TO LOT RATIO ("FLR") AND
FLEXIBILITY IN STORIES FOR PROPERTY ZONED "76-8-0", URBAN CORE
TRANSECT ZONE - OPEN, IN TRANSIT ORIENTED DEVELOPMENT ("TOD")
AREAS, ONLY IN EXCHANGE FOR THE PROVISION OF
AFFORDABLE/WORKFORCE HOUSING AT OR BELOW ONE HUNDRED PERCENT
(100%) AREA MEDIAN INCOME ("AMI"); MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114,
City of Miami's ("City") Zoning Ordinance, as amended, ("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 to create new incentives intended to encourage
desirable development, and to direct such development to geographic areas within the City that
has 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, this is supported by the Miami 21 Code, which states under Article 2,
Section 2.1.3.1.c. 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
WHEREAS, Culmer Metrorail Station is the 5th most underutilized station along the
Metrorail route (based on a weekday average) according to data from a report by Miami -Dade
Transit; and
City of Miami Page 1 of 3 File ID: 7463 (Revision: A) Printed On: 71712020
WHEREAS, despite having mostly T6-8 (Urban Core) zoning, the T6-8 zoned property
around the Culmer Metrorail station is developed to only approximately five percent (5%) of its
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, the Planning, Zoning and Appeals Board ("PZAB") has conducted a public
hearing on the proposed text amendment; and
WHEREAS, the PZAB has considered whether the proposed amendment will further the
goals, objectives, and policies of the Miami Comprehensive Plan, the Miami 21 Code, and other
City regulations; and
WHEREAS, the PZAB has considered the need and justification for the proposed
change, including changed or changing conditions that make the passage of the proposed
change necessary; and
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS
BOARD OF THE CITY OF MIAMI, FLORIDA, AS FOLLOWS:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. It is recommended that Ordinance No. 13114, the Zoning Ordinance of
the City of Miami, Florida, ("Miami 1 Code") be amended by amending Article 3, Section 3.14,
titled "Public Benefits Program" in the following particulars:'
"Article 3. GENERAL TO ZONES
3.14 PUBLIC BENEFITS PROGRAM
3.14.1
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.
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: 7463 (Revision: A) Printed On: 71712020
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 arts shares a property line with a CS Zone.
17. In T6-8-0 zones located in TOD areas, an additional two (2) Bonus FLR, two (2) by Right
FLR that is only available after fully utilizing all other Bonus FLR, no limitations on the number of
stories, and a maximum Building Height of 179 feet, or 235 feet for development 500 feet or
more from T3, for Development that meets one of the following criteria:
• Office Development: Contributions to the Public Benefit Trust Fund for the purposes of
developing Affordable/Workforce Housinq at or below one hundred percent (100%)
AMI.
• 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
Resolution is declared invalid, the remaining provisions of this Resolution should not be
affected.
Section 4. This Resolution shall become effective immediately upon its adoption.
Fr ncisco Garcia, Director Execution Date
D rti-Trent of Planning
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
Personally appeared before me, the undersigned authority, �Y�`^, Clerk of the Planning, Zoning and Appeals Board of
the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution.
S OR j
IN AND SUBSCRIBED BEFORE ME THIS `� DAY OF �w� 202
Print Notary Name Notary ublic State of Florida
Personally know or Produced I.D. My Commission Expires:
Type and number of I.D. produced
Did take an oath or Did not take an oath
�t„av r G •,, ERIGA K. LEE
MY COMMISSION # GG 188537 v
P9 'o EXPIRES-. February 21, 2022
'•FOFf;a$' Bonded ThruNOW PublDUndenwiters
City of Miami Page 3 of 3 File ID: 7463 (Revision: A) Printed On: 71712020