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Enactment Number: PZAB-R-20-008
File ID: 6795 Final Action Date: 2/5/2020
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
("PZAB"), RECOMMENDING TO THE MIAMI CITY COMMISSION APPROVAL OF
AN ORDINANCE AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE") MORE
SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.2, TITLED "DEFINITIONS
OF TERMS"; ARTICLE 3, SECTION 3.14, TITLED "PUBLIC BENEFITS PROGRAM";
AND ARTICLE 3, SECTION 3.14, TITLED "WORKFORCE HOUSING SPECIAL
BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS", TO MODIFY THE AREA
MEDIAN INCOME ("AMI") FOR WORKFORCE HOUSING IN THE MIAMI 21 CODE;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
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 definition of Workforce Housing in the Miami 21 Code includes those
individuals whose income is between sixty percent (60%) to one hundred forty percent (140%)
of Area Median Income ("AMI") as published by the United States Department of Housing and
Urban Development and certified by the Department of Community and Economic
Development; and
WHEREAS, the Miami 21 Code defines Affordable / Workforce Housing as housing
priced up to one hundred twenty percent (120%) of the AMI as certified by the City's Community
Development Department; and
WHEREAS, the United States Department of Housing and Urban Development utilizes
Miami -Dade County incomes to calculate the AMI; and
WHEREAS, the City of Miami ("City") residents have substantially lower incomes than
the residents of Miami -Dade County as a whole; and
WHEREAS, the City desires to lower the Workforce Housing AMI for the public benefits
programs in Article 3 of the Miami 21 Code in order to address the affordable housing crisis; and
WHEREAS, the PZAB has conducted a public hearing on the modifications and
considered the relationship of the modifications to the goals, objective. and policies of the Miami
Comprehensive Neighborhood Plan ("MCNP"), the Miami 21 Code, and other City regulations;
and
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WHEREAS, consideration has been given to the need and justification for the
modifications, including changed or changing conditions that make the passage of the
modifications necessary; and
WHEREAS, PZAB finds it advisable and in the best interest of the City and its residents
to recommend to the City Commission approval of the modifications to the Miami 21 Code as
described herein;
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS
BOARD OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Resolution are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The Planning, Zoning, and Appeals Board hereby recommends to the Miami
City Commission that the Miami 21 Code is be amended by amending Article 1, Section 1.1 in
the following particulars:'
"ARTICLE 1. DEFINITIONS
1.2 DEFINITIONS OF TERMS
Affordable / Workforce Housing: Housing priced up to 1290% 100% of the area median
income as certified by the City's Community Development Department.
Attainable Mixed -Income Housing: Attainable Mixed -Income Housing shall mean a
development completely comprised of Extremely Low Income Housing, Affordable Housing, and
Workforce Housing; and may be subject to Density bonuses.
Attainable Workforce Housing: Attainable Workforce Housing shall mean a Development
completely comprised of Workforce Housing, servicing multiple income ranges between 60% of
the Area Median Income and 440% 100% of the Area Median Income, as described in Section
3.16 of this Code.
Workforce Housing: See Article 3, Section 3.14.
Workforce Housing: Workforce housing shall mean a Dwelling Unit, owner -occupied and/or
rental housing with a purchase cost, value, or monthly rental, as applicable, equal to or less
than the amounts established by the applicable standards for those individuals whose income is
between 60% P8FseR to 440 pefseRt 100% of Area Median Income as published by the United
States Department of Housing and Urban Development and certified by the Department of
Community and Economic Development.
'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.
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Section 3. PZAB hereby recommends to the City Commission that the Miami 21 Code is
be amended by amending Article 3 in the following particulars:2
"ARTICLE 3. GENERAL TO ZONES
3.14 PUBLIC BENEFITS PROGRAM
3.14.3 The proposed bonus Height and FLR shall be permitted in exchange for contribution to
the City for the following public benefits: aAffordable /wWorkforce #Housing, Public Parks and
Open Space, Green Buildings, Brownfields, and Civic Space or Civil Support space. The City
shall establish a Miami 21 Public Benefits Trust Fund for the cash contributions for Affordable/
Workforce Housing, Public Parks and Open Space, and Green Building certification shortfall
penalty made under this section. The City Commission, upon the manager's recommendation,
shall annually decide the allocation of funds from the Trust Fund collected under this section. All
cash contributions thus allocated by the Commission to support aAffordable / w Workforce
#Housing shall be deposited in the Affordable Housing Trust Fund for expenditures pursuant to
the guidelines adopted by the City Commission. All cash contributions thus allocated by the
Commission to support Parks and Open Space shall be deposited in the Parks and Open Space
Trust Fund, set forth in Chapter 62 of the City Code, to be expended in accordance with the
guidelines outlined therein.
a. Definitions
1. Affordable / Workforce Housing shall mean: housing available to families
which meet the qualifications as established by the City Community Development
Department and as specifically defined in the Definitions section of this Code and
shall not exceed 100% AMI.
3.14.4 For the purposes of the public benefits program, the following criteria shall apply:
a. Affordable/ Workforce Housing. The development project in a T6 zone may
provide any of the following or combination thereof:
Affordable/Workforce #Housing on site of the development. For each square
foot of Affordable/Workforce #Housing priced at or below eighty percent
(80%) area median income (including pertaining shared space such as
parking and circulation) provided on site, the development shall be allowed
three (3) square feet of additional area up to the bonus Height and FLR as
described in Section 3.14.1. For each square foot of Affordable/ Workforce
Z 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 3 of 5 File ID: 6795 (Revision:) Printed On: 2/6(2020
#Housing priced above eighty percent (80%) area median income (including
pertaining shared space such as parking and circulation) provided on -site, the
development shall be allowed an equivalent amount of development Floor
Area up to the bonus Height and FLR as described in Section 3.14.1.
2. Affordable/Workforce #Housing off -site. For each square foot of
Affordable/wWorkforce #Housing (including pertaining shared space such as
parking and circulation) provided off site, in a location within the City
approved by the City Manager, the development shall be allowed an
equivalent square footage of additional area up to the bonus Height and FLR
as described in Section 3.14.1. No additional allowance is given for the
purchase of the site.
Section 4. PZAB hereby recommends to the City Commission that the Miami 21 Code is
be amended by amending Article 3 in the following particulars:3
"ARTICLE 3. GENERAL TO ZONES
3.16 WORKFORCE HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL
REGULATIONS
3.16.1 As a pre -requisite to qualify as an Attainable Workforce Housing Development eligible for
any of the special benefits described in Section 3.16, an applicant shall submit to the Office of
Zoning: a. Certification by the City's Community and Economic Development Department that
the proposed Development will provide a minimum of twenty-five percent (25%) of the Dwelling
Units as Workforce Housing serving residents above sixty percent (60%) of the area median
income ("AMI") and at or below eighty percent (80%) of the AMI as published by the United
States Department of Housing and Urban Development ("HUD") annually; that the proposed
0
° ; and the proposed
Development will provide the remaining Dwelling Units as Workforce Housing serving residents
above sixty percent (60%) of the AMI and at or below one hundred percent
(440-°�100%) of the AMI as published by HUD annually;
Section 5. 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 6. This Resolution shall become effective immediately upon adoption.
s 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.
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1//- '-9-1�-f2_C/, (-),
f�angisc6iSOecia, Director Executiont Dat
Department of Planning
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
Personally appeared before me, the undersigned authority,EriGU L e;C , Clerk of the Planning, Zoning and Appeals Board of
the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution.
SWORN AND SUBSCRIBED BEFORE ME THIS (D DAY OF FP9-�) 202 U
Print Notary Name ` Notary Public State of Flori
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
BEATRV AL14AREZ
November 8WW016
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