HomeMy WebLinkAboutO-12347J-03-141
2/21/03
ORDINANCE NO. X131
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING ORDINANCE NO. 11000, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, BY AMENDING ARTICLES 9
AND 6, SECTIONS 914, 605, 606 AND 607, TO
MODIFY PROVISIONS RELATED TO THE
AFFORDABLE HOUSING TRUST FUND; CONTAINING
A REPEALER PROVISION AND SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Miami Planning Advisory Board, at its
meeting of January 22, 2003 Item No. 3, following an
advertised hearing, adopted Resolution No. PAD 06-03 by a
vote of eight to zero (8-0), RECOMMENDING APPROVAL of
amending Zoning Ordinance No. 11000 as hereinafter set
forth; and
WHEREAS, the City Commission after careful
consideration of this matter deems it advisable and in the
best interest of the general welfare of the City of Miami
and its inhabitants to amend Ordinance No. 11000 as
hereinafter set forth;
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NOW, THEREFORE, BE IT ORDAINED BY THE 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. Ordinance No. 11000, as amended, the
Zoning Ordinance of the City of Miami, Florida, is amended
by amending the text of said Ordinance as follows:"
"ARTICLE 6. SPECIAL DISTRICTS
Sec. 605. SD -5 Brickell Avenue Area Office -
Residential District.
Sec. 605.7. Floor area limitations.
605.7.2. Allowable increase in floor area
for offsite affordable housing; retail, service,
restaurants, museums, art galleries, post
offices, and libraries at ground level;
underground parking; and daycare.
The maximum floor area set forth in section
605.7.1 above shall be increased in conformance
with the following provisions and limitations;
provided, however, that the maximum one (1.0)
offsite affordable housing bonus must be used
1 Words and/or f igures 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.
Page 2 of 11
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before other bonuses become applicable.
1. Offsite affordable housing: The floor
area shall be increased by Class II
Special Permit for any permitted use up
to a total increase of one (1.0) times
the gross lot area, provided that, for
every one (1) square foot of increase
there shall be either:
a. A nonrefundable developer
contribution of six dollars and
sixty-seven cents ($6.67) to the
Affordable Housing Trust Fund
administered by the City of Miami;
or
b. Developer -sponsored construction
of fifteen -hundredths (0.15)
square foot of affordable housing
as defined in article 25. A
sponsor is a developer who assumes
responsibility for a residential
project by serving as general
partner in the development
project.
No building permit shall be issued for
increased floor area until the City of
Miami has certified compliance with the
provisions of this section. The City of
Miami shall certify compliance provided
one (1) of the following has occurred:
a) Construction of new affordable
housing has begun; or b) a certified
check to the Affordable Housing Trust
Fund has been deposited with the City
of Miami.
2. Retail, service, and restaurant, and
other public amenity uses at ground
Page 3 of 11
level: For every one (1) square foot of
floor area located at ground level (at
or below the lowest habitable floor
elevation permitted by federal
floodplain management criteria), which
is used for retail or service
establishments permitted generally
within the C-1 district or by
restaurants, bars, taverns, post
offices, art galleries, museums,
theaters, libraries, or similar
cultural uses, the total allowable
floor area shall be increased by three
(3) square feet for any permitted use.
Individual establishments shall be
designed to be visible and accessible
to an adjacent public sidewalk, urban
plaza, or waterfront walkway, including
transparent window or door openings
over at least fifty (50) percent of
each exterior storefront area. Building
entrances shall be no more than forty-
two (42) inches above the adjacent
public sidewalk elevation or at the
height of a federally mandated wave
barrier.
3. For every one and one-half (1.5) square
feet (forty-two (42) inches) of
underground parking that a building
provides, the floor area is allowed to
be increased by one (1) square foot for
any permitted use, not to exceed fifty -
hundredths (0.50) times the gross lot
area.
4. Child care center: For every one (1)
square foot of floor area of child care
center indoor area and two (2) square
feet of child care outdoor play area
that meets the requirements of section
936, the total allowable floor area
shall be increased by four (4) square
feet, but not to exceed a total floor
area increase of five -tenths (0.5)
times the gross lot area.
Page 4 of 11 �
124, 4 f
Sec. 606. SD -6, SD -6.1 Central Commercial
Residential Districts.
Sec. 606.7. Floor area limitations.
606.7.1. SD -6 floor area limitations.
606.7.2. SD -6.1 floor area limitations.
Floor area limitations for SD -6.1 shall be
as follows, subject to the limitations and
requirements of sections 903.1 and 903.2:
1. The floor area for all residential and
nonresidential uses shall not exceed
one and seventy-two hundredths (1.72)
times the gross lot area, except as
modified by paragraph 2 below.
2. The maximum allowable floor area for
residential and nonresidential uses on
an individual lot may be increased in
conformance with the following
provisions and limitations:
a. For every one (1) square foot of
floor area provided onsite for
residential or hotel uses
(excluding associated commercial
areas and common areas in excess
of ten (10) percent of the total
floor area occupied by hotel
rooms), in addition to the base
floor area established in section
606.7.2.1 above, the maximum
nonresidential floor area may be
increased by one (1) square foot.
Such residential floor area shall
be constructed concurrently with
any uses receiving this bonus.
b. For every six dollars and sixty-
seven cents ($6.67) contributed
prior to the issuance of a
building permit to the Affordable
Housing Trust Fund established and
administered by the City of Miami,
Page 5 of 11 12347
the maximum floor area may be
increased by one (1) square foot
for any permitted use. All fun
se eentributed shall b J v per a�
C. Retail, service, restaurant and
cultural uses: For every one (1)
square foot of ground level uses
listed in section 606.4.1 and
constructed in accord with "The
City of Miami Primary Pedestrian
Pathway Design Guides and
Standards," the maximum floor area
may be increased by one (1) square
foot for any nonresidential use or
two (2) square feet for
residential use.
d. Theaters: For every one (1) square
foot of floor area that a building
provides of theater use that meets
the requirements of section
606.8.5 or for every one (1)
square foot of land dedicated or
leased to the public for
performing arts theater use, in
either SD -6 or SD -6.1, the maximum
floor area may be increased by
four (4) square feet for any
permitted use.
e. Child daycare center: For every
one (1) square foot of floor area
of child care center indoor area
and two (2) square feet of child
care outdoor play area constructed
meeting the requirements of
section 936, the maximum floor
area may be increased by four (4)
square feet for any permitted use,
but not to exceed a total floor
area increase of five -tenths (0.5)
times gross lot area.
f. Metromover station: For
development that dedicates land at
no cost to the public for a
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Metromover station or the
Metromover guideway, the maximum
floor area may be increased, only
in the SD -6.1 district, by five -
tenths (0.5) times gross lot area.
3. The bonus floor area allowed under
section 606.7.2 (2d. and 2f.) above may
be used by the donor or his lessee only
after the land has been offered for
dedication. The total floor area for
all buildings containing a mix of
residential and nonresidential uses
shall not exceed eight and four -tenths
(8.4) times the gross lot area.
Sec. 607. SD -7 Central Brickell Rapid Transit
Commercial -Residential District.
Sec. 607.7. Floor area limitations.
607.7.2. Allowable increase in nonresidential
floor area for any building providing for certain
supporting uses; limitations.
The maximum allowable floor area for
nonresidential uses on an individual lot shall be
increased in conformance with the following
provisions and limitations:
1. Residential and hotel uses: The floor
area shall be increased according to
either of the following alternatives;
however, in no case shall the increase.
in nonresidential floor area exceed two
and seventy-five hundredths (2.75)
times the gross lot area:
Page 7 of 11 3
a. For every one (1) square foot of
floor area provided onsite for
residential or hotel uses
(excluding associated commercial
areas and common areas in excess
of ten (10) percent of the total
floor area occupied by hotel
rooms), the maximum nonresidential
floor area shall be increased by
one (1) square foot. Such
residential or hotel floor area
shall be constructed concurrently
with any uses receiving this
bonus.
b. For every six dollars and sixty-
seven cents ($6.67) contributed to
an Affordable Housing Trust Fund
established and administered by
the City of Miami, an increase of
one (1) square foot of
nonresidential floor area shall be
permitted. AST€i:iss e
eent-ributed shall be _ per,,a
selely within the —697 distTiet.
2. Retail, service, restaurant and
cultural uses: For every one (1) square
foot of ground level uses listed in
section 607.4.1 and constructed in
accord with "The City of Miami Primary
Pedestrian Pathway Design Guides and
Standards," the floor area shall be
increased by one (1) square foot for
any nonresidential use or two (2)
square feet for residential use. Such
uses shall be adjacent to and directly
accessible from public street sidewalks
or from a ground level open space as
defined in section 607.8.3. Uses having
principal access from interior building
circulation shall not qualify.
3. Theaters: For every one (1) square foot
of floor area that a building provides
of theater use that meets the
requirements of section 607.8.4, the
nonresidential floor area shall be
increased by four (4) square feet, but
Page 8 of 11 � ,,, 3
not to exceed a total floor area
increase of five -tenths (0.5) times the
gross lot area.
4. Child daycare center: For every one (1)
square foot of floor area of child care
center indoor area and two (2) square
feet of child care outdoor play area
that meets the requirements of section
936, the nonresidential floor area
shall be increased by four (4) square
feet, but not to exceed a total floor
area increase of five -tenths (0.5)
times the gross lot area.
Sec. 914. Increased development bonus.
914.1. Dwelling unit, square footage, and
offstreet parking bonuses for contribution to
Affordable Housing Trust Fund; exceptions.
An increase of up to twenty-five (25)
percent in numhe—ref awing units—and er square
footage and/or onsite parking spaces may be
approved for parcels located within any zoning
district other than R-1, R-2 and CBD by Major Use
Special Permit pursuant to the requirements of
article 17 of this ordinance, upon a finding that
such increase would not: (i) cause the
development to be inconsistent with the
neighborhood plan, or any governing development
order issued for a Development of Regional Impact
or any Area -Wide Development of Regional Impact,
or any governing master plan which has been duly
adopted, or any other duly adopted land use
regulation; (ii) cause the actual levels of
service for recreation and open space, potable
water transmission capacity, sanitary sewer
transmission capacity, storm sewer capacity,
solid waste collection capacity, or traffic
circulation capacity to fall below the levels of
service required for the planning district under
the neighborhood plan; or (iii) result in a
request for a variance. In addition, the
Page 9 of 11
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developer benefiting from such development bonus
shall pay, in addition to all other fees required
by ordinances affecting the development at the
time of receipt of the Major Use Special Permit
which authorizes such bonus, the following
fee (s) :
For every additional square foot of
buildable space and/or every additional square
foot of additional dwelling units, approved as a
development bonus, the user shall make a
nonrefundable developer contribution of six
dollars and sixty-seven cents ($6.67) to the
Affordable Housing Trust Fund administered by the
City of Miami; and
For every additional square foot of parking
space approved as a development bonus, the user
shall make a nonrefundable developer contribution
of three dollars and ninety-two cents ($3.92) to
the Affordable Housing Trust Fund administered by
the City of Miami.
914.2. F.A.R. and offstreet parking bonuses for
lots in vicinity of Metrorail and Metromover;
exceptions.
Lots, any portion of which are located
within a radius of six hundred (600) feet of the
Metrorail/Metromover right-of-way, shall be
permitted a ten (10) percent increase in
allowable floor area ratio, when consistent with
the Miami Comprehensive Neighborhood Plan, 1989-
2000, and/or a ten (10) percent reduction in
required offstreet parking. This provision shall
not apply to existing R-1, R-2, R-3 and Special
Districts.
Section 3. All ordinances or parts of ordinances
insofar as they are inconsistent or in conflict with the
provisions of this Ordinance are repealed.
Section 4. If any section, part of section,
paragraph, clause, phrase or word of this Ordinance is
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declared invalid, the remaining provisions of this
Ordinance shall not be affected.
Section 5. This Ordinance shall become effective
thirty (30) days after final reading and adoption thereof.
PASSED ON FIRST READING BY TITLE ONLY this 27th day
of February , 2003.
PASSED AND
ADOPTED
ON SECOND
AND FINAL READING BY
TITLE ONLY this
27th day
of March
, 2003.
,MANUEL A. DIAZ, R
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
APP VED A/ O FORM AND CORRECTNESS : 16 1
KDRO VILARELLO
ATTORNEY
W1415:GKW:et
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ITEM PZ 21
SECOND READING
PLANNING FACT SHEET
APPLICANT Planning and Zoning Department
HEARING DATE January 22, 2003
REQUEST/LOCATION Consideration of amending Articles 6 and 9 of Zoning
Ordinance 11000.
LEGAL DESCRIPTION N/A.
PETITION Consideration of amending Ordinance 11000, as
amended, the Zoning Ordinance of the City of Miami,
Florida, by amending Articles 9 and 6, Sections 914,
605, 606 and 607, in order to modify provisions related
to the Affordable Housing Trust Fund.
PLANNING
RECOMMENDATION Approval.
BACKGROUND AND
ANALYSIS It has been found that the existing limitations placed on
expenditures of Affordable Housing Trust Fund Dollars is
not flexible enough in order for the city to facilitate home
ownership programs of affordable housing. The proposed
amendment eliminates such limitations and will better
facilitate the program under way by the Economic and
Community Development Departments.
PLANNING ADVISORY BOARD Recommended approval to VOTE: 8-0
City Commission.
CITY COMMISSION Passed First Reading on
February 27, 2003.
APPLICATION NUMBER 2003-002 Item #3
CITY OF MIAMI - PLANNING AND ZONING DEPARTMENT
444 SW 2ND AVENUE, 3RD FLOOR - MIAMI, FLORIDA, 33130 PHONE (305) 416-1400
3/14/2003
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1
RESOLUTION PAB - 06-03
A RESOLUTION RECOMMENDING APPROVAL OF A
CONSIDERATION OF AMENDING ORDINANCE 11000, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING ARTICLES 6 AND 9, SECTIONS 605, 606, 607 AND 914, IN
ORDER TO MODIFY PROVISIONS RELATED TO CONTRIBUTIONS TO
THE AFFORDABLE HOUSING TRUST FUND.
HEARING DATE: January 22, 2003
ITEM NO.: 3
VOTE: 8-0
ATTEST:,
Gelabert-Sanchez, Dire r
Planning and Zoning Department
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