HomeMy WebLinkAboutO-14052City of Miami
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Legislation
Ordinance: 14052
File Number: 5310
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 2/10/2022
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("MIAMI 21"); MORE SPECIFICALLY, BY AMENDING
ARTICLE 1, SECTION 1.2, TITLED "DEFINITIONS OF TERMS," TO MODIFY
THE DEFINITIONS OF ATTAINABLE MIXED -INCOME HOUSING AND
WORKFORCE HOUSING; BY AMENDING ARTICLE 3, SECTION 3.15, TITLED
"AFFORDABLE AND ATTAINABLE MIXED -INCOME HOUSING SPECIAL
BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS," TO ADD NEW
INCENTIVES INCLUDING A FLOOR LOT RATIO BONUS AND NEW MINIMUM
UNIT SIZES FOR THE DEVELOPMENT OF PROJECTS PROVIDING
HOUSING FOR MIXED -INCOME POPULATIONS AND TO PERMIT
AFFORDABLE AND ATTAINABLE MIXED -INCOME DEVELOPMENTS
ABUTTING A T3, "SUB -URBAN ZONE," TRANSECT ZONE BY PROCESS OF
EXCEPTION WITH CITY COMMISSION APPROVAL; CLARIFYING
LANGUAGE WITHIN MIAMI 21; MAKING FINDINGS; CONTAINING A
; AND PROVIDING FOR AN EFFECTIVE DATE. SEVERABILITY CLAUSE
SPONSOR(S): Mayor Francis X. Suarez, Commissioner Ken Russell
WHEREAS, on October 22, 2009, Ordinance No. 13114 was adopted as the City of
Miami's ("City") Zoning Ordinance ("Miami 21 Code"), was adopted; and
WHEREAS, Article 2, Section 2.1.3.1(h) of the Miami 21 Code lists Affordable and
Workforce Housing distribution throughout the City as a Guiding Principle; and
WHEREAS, on or about February 23, 2017, modifications to Article 3, Section 3.15 of
the Miami 21 Code were adopted by the City Commission that provided density bonuses for
Mixed -Income Housing Developments; and
WHEREAS, since the adoption of these modifications, the Planning Department has
analyzed submitted projects that have taken advantage of the provisions of Article 3, Section
3.15 of the Miami 21 Code; and
WHEREAS, the Planning Department has identified additional incentives that may
encourage the development of additional Attainable Mixed -Income Housing Developments and
benefit Attainable Mixed -Income Housing Developments currently seeking approvals; and
WHEREAS, these incentives are smaller minimum unit sizes and additional Floor Lot
Ratio ("FLR"); and
WHEREAS, the intent of the Attainable Mixed -Income Housing Development provisions
of the Miami 21 Code is to develop truly mixed -income developments; and
City of Miami Page 1 of 7 File ID: 5310 (Revision: F) Printed On: 212412022
File ID: 5310 Enactment Number: 14052
WHEREAS, Attainable Mixed -Income Housing Developments may benefit, both socially
and financially, from the inclusion of a small percentage of market rate units; and
WHEREAS, the provisions of Article 3, Section 3.15 of the Miami 21 Code should clearly
convey the requirements and benefits available for Attainable Mixed -Income Housing
Developments and the proposed modifications to said Section will provide additional clarity; and
WHEREAS, throughout the City, it may be appropriate to permit Affordable and
Attainable Mixed -Income Housing Developments that abut T3, "Sub -Urban Zone," Transect
Zones; and
WHEREAS, in order to permit Affordable or Mixed -Income Housing Developments that
abut T3, "Sub -Urban Zone," Transect Zones, the Exception process with the additional oversight
of City Commission approval will provide abundant safeguards to the process; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on
November 7, 2018, following an advertised public hearing, adopted Resolution No. PZAB-R-18-
061 by a vote of nine to zero (9-0), Item No. PZAB.9, recommending approval of the text
amendment change as stated herein; and
WHEREAS, the City Commission has considered whether the proposed text amendment
as stated herein will further the goals, objectives, and policies of the Miami Comprehensive
Neighborhood Plan, the Miami 21 Code, and other City regulations; and
WHEREAS, the City Commission has considered the need and justification for the
proposed text amendment as stated herein, including changed or changing conditions that
make the passage of this ordinance necessary; and
WHEREAS, the City Commission finds that it is in the best interest of the City and its
residents to amend the Miami 21 Code for the purposes stated herein;
NOW, THEREFORE, BE IT ORDAINED BY CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The Miami 21 Code is further amended by making modifications to Article 1
in the following particulars:'
"ARTICLE 1. DEFINITIONS
1.2 DEFINITION OF TERMS
' 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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File ID: 5310 Enactment Number: 14052
Attainable Mixed -Income Housing: Attainable Mixed -Income Housing shall mean a
deVeI.,r,mor,+Development GGFnpletely comprised of Extremely Low Income Housing,
Affordable Housing, and Workforce Housing; and may be subject to Density bonuses.
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 ho+�R above 6044 percent t-9 and at or below 10044 percent of Area
Median Income as published by the United States Department of Housing and Urban
Development and certified by the Department of Housing and Community apd- Er--e- Re
Development.
*„
Section 3. The Miami 21 Code is further amended by making modifications to Article 3
in the following particulars:2
"ARTICLE 3. GENERAL TO ZONES
3.15 AFFORDABLE AND ATTAINABLE MIXED -INCOME HOUSING SPECIAL BENEFIT
PROGRAM SUPPLEMENTAL REGULATIONS
The intent of the Affordable Housing special benefit program established in this section is to
facilitate the development of high quality Affordable Housing in the City by providing
development incentives, including, but not limited to, modifications of architectural/design
standards and parking reductions.
3.15.1 As a pre -requisite to qualify as an Affordable Housing Development eligible for any of
the special benefits described in Section 3.15, an applicant shall submit to the Office of Zoning a
recorded covenant running with the land acceptable to the City of Miami confirming the property
will meet the criteria in subsection (a) or (b) below for a period of no less than thirty (30) years
from the date of the issuance of a final Certificate of Occupancy or Temporary Certificate of
Occupancy, whichever is issued first, and Certification by the City's Housing and Community
Development Department, or successor Department, that the proposed Development will
provide:
a GeFtifiGatiGR by the ! ity's Cr,mm, Rity girl Cr•r ROFFIOG Development DeparkneRt that
the pF posed Deyel„pmeFlt Will r Fevide a A minimum of eighty percent (80%) of the
Dwelling Units (Multi -family or Elderly) as Affordable Housing serving residents at or
below sixty percent (60%) of the area median income (AMI) as published by the
2 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 7 File ID: 5310 (Revision: F) Printed on: 212412022
File ID: 5310
Enactment Number: 14052
United States Department of Housing and Urban Development annually; or that
rlrnnn69 d D9Velnnmon+ is A- miXted-innnmo hi iildinn
b. If the Development is not restricted to elderly residents and is located within a
Residential Density Increase Area as set forth in Article 4, Diagram 9 of the Miami 21
Code, that the proposed Development is a mixed -income building providing at least:
i. forty percent (40%) of the units as Affordable Housing serving residents at or
below sixty percent (60%) of AMI.- or
ii. r,rn„i`•linn at least twenty percent (20%) of the units as Affordable Housing
serving residents at or below fifty percent (50%) of AMI, is nn+ +n
elderly rocideRts and is Inner+or-I Veii+hin RoQlydontial DeRSity In`+Yo;;Qo 4rea as
set forth in Artiole ^ Dianrorn 9 of the Miami 21 (`nrlo•
3.15.2 As a pre -requisite to qualify as an Attainable Mixed -Income Housing Development
eligible for any of the special benefits described in Section 3.15, an applicant shall submit to the
Office of Zoning:
a. Certification by the City's Housing and Community apd- Cnnnnmin Development
Department that the proposed Development will provide a minimum of forty percent
(40%) of the Dwelling Units as Affordable Housing serving residents at or below sixty
percent (60%) of AMI, a minimum of ten percent (10%) of the Dwelling Units above
sixty percent (60%) of the AMI and at or below eighty percent (80%) of the AMI, a
maximum of ten percent (10%) of the Dwelling Units at any price, and the remainder
of the Dwelling Units as WPrkfnrr e Hew& nn above sixty percent (60%) of the AMI
and at or below one hundred percent (100%) of the AMI; or
b. ECertification by the City's Housing and Community and EGGRem ^ Development
Department that the proposed Development will provide a minimum of twenty
percent (20%) of the Dwelling Units as Affordable Housing serving residents at or
below fifty percent (50%) of AMI, a minimum of ten percent (10%) of the Dwelling
Units above sixty percent (60%) of the AMI and at or below eighty percent (80%) of
the AMI, a maximum of ten percent (10%) of the Dwelling Units at any price, and the
remainder of the Dwelling Units as `V„rhf FGe H9 &k4 above sixty percent (600/o) of
the AMI and at or below one hundred percent (100%) of the AMI.
bc. All Developments under this Section must also submit V_verification that the proposed
Development is within a quarter (114) mile of a Transit Corridor, or a half (,�) mile of
within a TOD area.
Ed. All Developments under this Section must also submit Aa recorded covenant running
with the land acceptable to the City of Miami, confirming the property will meet the
criteria in subsection (a) above for a period of no less than thirty (30) years from the
date of the issuance of a final Certificate of Occupancy for homeownership or rental
City of Miami Page 4 of 7 File ID: 5310 (Revision: F) Printed on: 212412022
File ID: 5310
Enactment Number: 14052
housing Development, with two (2) automatic ten (10) year extensions for
Development that contains any rental housing that may be released by a vote of the
City Commission. Such covenant must also meet all other requirements including
those set forth in Chapter 62 of the City Code.
3.15.3 Affordable and Attainable Mixed -Income Housing Developments that are zoned T3 of
abi i+ a T27nno are not eligible for the provisions in Section 3.15. All Affordable and Attainable
Mixed -Income Housing Developments where all Dwelling Units are at or below eighty percent
(80%) AMI or that are Government or religious institution Developments, whether owned or
leased by the City, County, CRA, or a religious institution, that abut a T3 Zone are permitted by
Exception with City Commission approval in accordance with Article 4, Table 12. All Affordable
and Attainable Mixed -Income Developments that share a property line with a T3 Zone shall
provide a buffer appropriate to the context in accordance with Article 4, Table 12. Affordable and
Attainable Mixed -Income Housing Developments that are zoned T4 or abut a T4 Zone shall
require a Warrant for consideration under Section 3.15.
3.15.4 In place of any conflicting provisions elsewhere in this Code, Affordable and Attainable
Mixed -Income Housing Developments may be developed in accordance with the following,
subject to a Warrant:
a. Height
1. T4: Maximum building height of 40 feet with no limitation on the number of
Stories for homeownership Development;
4-2. T5: Maximum building height of 75 feet with no limitation on the number of
Stories;
2-3. T6-8: Maximum building height of 125 feet with no limitation on the number of
Stories;
34. T6-12: Maximum building height of 240 feet with no limitation on the number
of Stories;
b. Intensity
1. T6-8: An Attainable -Mixed Income Development that utilizes the provisions of
Section 3.15.6.a may receive an additional twenty-five percent (25%) bonus FLR.
c. Minimum Size
1. A one -bedroom Dwelling Unit shall have a minimum size of five hundred (500)
square feet.
2. A two -bedroom Dwelling Unit shall have a minimum size of six hundred (600)
square feet.
b, d. Parking may extend into the Second Layer above the first Story along all
Frontages. The Fagade of a parking garage that is not concealed behind a Habitable
Liner shall be screened to conceal from view all internal elements including, but not
limited to, vehicles, plumbing pipes, fans, ducts and all lighting. The size, location,
and materials for such screening elements shall be reviewed by Waiver with referral
to the Planning Department.
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File ID: 5310
Enactment Number: 14052
3.15.5
e. Development in T6 Zones shall be exempt from complying with the requirements
contained in Sections 5.6.1 (h) and 5.6.2 (b).
d-f. Pedestrian or Vehicular Cross Block Passages shall not be required.
e-g_ Development Abutting two (2) or more Thoroughfares shall have only one (1)
Principal Frontage and shall not be subject to the minimum Principal Frontage Line
requirement. Determination of which Frontage is to serve as the Principal Frontage
shall be made by the Planning Director upon request by the Zoning Administrator.
h. Development shall not be subject to maximum Lot Area requirements.
g-. i_ Setback requirements above the eighth floor may be modified by Waiver for
Development in T6 Zones.
e. Affordable or Attainable Mixed -Income Housing Developments whose parking has been
reduced under the terms set forth in Section 3.15 will continue to operate under the
recorded covenant described in Subsection 3.15.1{b} or 3.15.2kb4, until parking
requirements applicable at the time of release are met.
3.15.6 In addition to the Development incentives listed above, Attainable Mixed -Income Housing
projects shall be afforded Density bonuses as follows;
a. Any Development that meets all the required criteria in Subsection 3.15.2 (a) and
) and provides a minimum of ten percent (10%) of the Dwelling Units as
Extremely Low Income as defined herein shall be provided
DeRS cy-peF Att i „FGe HO IGORg III,;+ pFevided a one hundred percent (100%)
Density bonus. The Development after the Density bonus shall maintain the Affordable
and Workforce Housing mix described in 3.15.2(a) or 3.15(b), whichever is appliable,
and shall provide ten percent (10%) of the Dwelling Units as Extremely Low Income
Housing for the entire Development.
b. Any Development that meets all the required criteria in Subsection 3.15.2 (a) and
3.15.2(b) and provides a minimum of five percent (5%) of the Dwelling Units as
Extremely Low Income as defined herein shall be provided ^Fle half (1'2` additieRai
of Deisity r tt FGe u„I ICIYIP. III,;+ pFevided a fifty percent (50%) Density
bonus for rental Development or a one hundred percent (100%) Density bonus for
Development that is entirely comprised of homeownership units. The Development after
the Density bonus shall maintain the Affordable and Workforce Housing mix described in
3.15.2 (a) or 3.15(b), whichever is appliable, and shall provide five percent (5%) of the
Dwelling Units as Extremely Low Income Housing for the entire Development.
*„
City of Miami Page 6 of 7 File ID: 5310 (Revision: F) Printed on: 212412022
File ID: 5310
Enactment Number: 14052
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 realtered and that the word "Ordinance" may be changed to "section", "article", or other
appropriate word to accomplish such intention.
Section 5. Any Development that received certification by the Housing and Community
Development Department pursuant to the requirements in place at time of certification prior to
the effective date of this Ordinance may proceed under the original certification.
Section 6. If any section, part of a section, paragraph, clause, phrase, or word of
this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be
affected.
Section 7. This Ordinance shall become effective ten (10) days after final reading and
adoption thereof.3
APPROVED AS TO FORM AND CORRECTNESS:
ria i " dez,'City Attor ley 101112021 ria i " dez, ity ttor ey 3/4/2019
1 1
ria i dez, ity Attor ley
2/11/2020 ria i dez, sty ttor ey 10f112021
1
Yt6ria--i dez,C ity Attor ley 1/28/2022
3 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 7 of 7 File ID: 5310 (Revision: F) Printed on: 212412022