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Home My WebLink AboutPZAB (4991) Resolution•�`` �'�f City of Miami city Hall 3500 Pan American Drive PZAB Resolution Miami, FL33133 r www.miamigov.com Enactment Number: PZAB-R-18-061 File ID: 4991 Final Action Date: 11/7/2018 A RESOLUTION OF THE PLANNING, ZONING, AND APPEALS BOARD RECOMMENDING APPROVAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.2, ENTITLED "DEFINITIONS OF TERMS," TO MODIFY THE DEFINITIONS OF ATTAINABLE MIXED -INCOME HOUSING AND WORKFORCE HOUSING; BY AMENDING ARTICLE 3, SECTION 3.15, ENTITLED "AFFORDABLE AND ATTAINABLE MIXED -INCOME HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS," TO ADD NEW INCENTIVES INCLUDING A FLOOR LOT RATIO ("FLR") BONUS AND NEW MINIMUM UNIT SIZES FOR THE DEVELOPMENT OF PROJECTS PROVIDING HOUSING FOR MIXED -INCOME POPULATIONS AT OR BELOW ONE HUNDRED FORTY PERCENT (140%) OF AREA MEDIAN INCOME AS ESTABLISHED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, TO PERMIT AFFORDABLE AND ATTAINABLE MIXED -INCOME DEVELOPMENTS ABUTTING A T3 TRANSECT ZONE BY PROCESS OF EXCEPTION WITH CITY COMMISSION APPROVAL; TO CLARIFY LANGUAGE WITHIN THE ORDINANCE; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 22, 2009, Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida was adopted as the City of Miami's Zoning Ordinance ("Miami 21 Code"); and WHEREAS, Article 2, Section 2.1.3.1(h), of the Miami 21 Code lists Affordable and Workforce Housing distribution throughout the City of Miami ("City") as a Guiding Principle of the City; and WHEREAS, on or about February 23, 2017, modifications to 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 those modifications, the City's 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 City 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 a permit; and City of Miami Page 1 of 6 File ID: 4991 (Revision: A) Printed On: 1111412018 WHEREAS, those 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 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 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 the T3 Transect Zone; and WHEREAS, in order to permit appropriate Affordable or Mixed -Income Housing Developments that abut the T3 Transect Zone, 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") 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 PZAB has considered the need and justification for the proposed change, including changed or changing conditions that make the passage of this ordinance necessary; and WHEREAS, the PZAB finds that it is in the best interest of the City and its residents to recommend to the City Commission an amendment to the Miami 21 Code for the purposes stated 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 to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Planning, Zoning and Appeals Board hereby recommends to the City Commission that the Miami 21 Code be amended by making modifications to Article 1 in the following particulars:' ARTICLE 1. DEFINITIONS 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 6 File ID: 4991 (Revision: A) Printed On: 1111412018 1.2 DEFINITION OF TERMS Attainable Mixed -Income Housing: Attainable Mixed -Income Housing shall mean a development Gempletelycomprised 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 betweeR above 60 percent to and at or below 140 percent 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. 3.15 AFFORDABLE AND ATTAINABLE MIXED -INCOME HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS 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 Community and Economic 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 maximum of ten percent (10%) of the Dwelling Units at any price, and the remainder of the Dwelling Units as Workforce Housing; or certification by the City's Community and Economic 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 maximum of ten percent (10%) of the Dwelling Units at any price, and the remainder of the Dwelling Units as Workforce Housing. 3.15.3 Affordable and Attainable Mixed -Income Housing Developments that are zoned T3 abut a T3 Zone are not eligible for the provisions in Section 3.15. Affordable and Attainable Mixed -Income Housing Developments that abut a T3 Zone are allowed by City of Miami Page 3 of 6 File ID: 4991 (Revision: A) Printed On: 1111412018 Exception with City Commission approval. 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. T5: Maximum building height of 75 feet with no limitation on the number of Stories; 2. T6-8: Maximum building height of 125 feet with no limitation on the number of Stories; 3. 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. s- 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_ f. 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. f h. Development shall not be subject to maximum Lot Area requirements. City of Miami Page 4 of 6 File ID: 4991 (Revision: A) Printed On: 1111412018 g-. i_ Setback requirements above the eighth floor may be modified by Waiver for Development in T6 Zones. 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 the criteria in Subsection 3.15.2 (a) and 3.15.2 (b) and provides a minimum of ten percent (10%) of the Dwelling Units as Extremely Low Income as defined herein shall be provided one (1) additiGRal unit f Density or ttaiRable WerkfeFGe HGUSiRO unit,�„PFevidea 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), and shall provide ten percent (10%) of the Dwelling Units as Extremely Low Income Housing for the entire Development. b)Any Development that meets the 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 one half (112) additieRal unit of-PeRsity Att^i^able VVoFkfeFGe 1. GUGiRg unit pFeyided a fifty percent (50%) Density bonus. The Development after the Density bonus shall maintain the Affordable and Workforce Housing mix described in 3.15.2 (a), and shall provide five percent (5%) of the Dwelling Units as Extremely Low Income Housing for the entire Development. 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 shall not be affected. Section 4. This Resolution shall become effective immediately after adoption thereof.2 Francisco Garcia, Director Department of Planning 1 9 Executi n Da STATE OF FLORIDA ) COUNTY OFMIAMI-DADE )1�� Personally appeared before me, the undersigned authority, �Wn ,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 n DAY OF (\)G\XtY"�201 0 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 5 of 6 File ID: 4991 (Revision: A) Printed On: 1111412018 'wo- b. ur-c Print Notary Name Personally know �^ or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath 7 r-YJRubilc Ktate of onda Commission Expires: ,o��yVau,�Y ERICAK. LEE ?' W COMMISSION # GO 188537 �4*= EXPIRES: February 21, 2022 9 0, W&4 Thru No" Public Undorallaro City of Miami Page 6 of 6 File ID: 4991 (Revision: A) Printed On: 1111412018