HomeMy WebLinkAboutO-14211City of Miami
Ordinance 14211
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14113 Final Action Date: 9/28/2023
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY AMENDING ARTICLE 3, TITLED "GENERAL TO
ZONES," SECTION 3.4, TITLED "DENSITY AND INTENSITY CALCULATIONS,"
TO CLARIFY DENSITY STANDARDS IN CERTAIN TRANSIT LOCATIONS,
AND BY AMENDING ARTICLE 3, TITLED "GENERAL TO ZONES," SECTION
3.14, TITLED "PUBLIC BENEFITS PROGRAM," AND ARTICLE 5, TITLED
"SPECIFIC TO ZONES," ILLUSTRATION 5.5, TITLED "GENERAL URBAN
TRANSECT ZONES," TO ALLOW BONUS BUILDING HEIGHT AND
MODIFICATIONS TO THE DEVELOPMENT STANDARDS IN SPECIFIED
AREAS WITHIN THE "T5," URBAN CENTER TRANSECT ZONE IN EXCHANGE
FOR PUBLIC BENEFITS AND/OR OTHER SPECIFIED ENHANCEMENTS AND
TO CLARIFY EXISTING D1 BONUS HEIGHT; CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
SPONSOR(S): Commissioner Manolo Reyes, Commissioner Christine King
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114,
the Zoning Ordinance of the City of Miami, Florida, which has been amended from time to time
("Miami 21 Code"); and
WHEREAS, development projects within certain transit locations within the City of
Miami ("City") contribute to the creation of compact, walkable, pedestrian -oriented, mixed -use
communities centered around transit systems that provide enhanced mobility; and
WHEREAS, the Public Benefits Program allows bonus Building Height in exchange for a
developer contribution to specified programs that provide benefits to the public and the
neighborhood; and
WHEREAS, an amendment is necessary to allow bonus building height in specified
areas within "T5," Urban Center Transect Zones, to maintain future growth capacity of the City
without the need to rezone to a higher transect zone; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on June
14, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-074 by a
vote of seven to two (7 - 2), Item No. PZAB. 18, recommending approval of the zoning text
amendment; and
WHEREAS, consideration has been given to the relationship of this proposed
amendment to the goals, objectives and policies of the Miami Comprehensive Neighborhood
Plan ("MCNP"), with appropriate consideration as to whether the proposed change will further
the goals, objectives and policies of the MCNP; the Miami 21 Code; and other City regulations;
and
City of Miami Page 1 of 13 File ID: 14113 (Revision: C) Printed On: 11/16/2023
File ID: 14113 Enactment Number: 14211
WHEREAS, consideration has been given to the need and justification for the proposed
change, including changed or changing conditions that make the passage of the proposed
change necessary; and
WHEREAS, after careful consideration of this matter, the City Commission deems it
advisable and in the best interest of the general welfare of the City and its inhabitants to amend
the Miami 21 Code as hereinafter set forth;
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
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. Article 3 of the Miami 21 Code is hereby amended in the following
particulars:
"ARTICLE 3. GENERAL TO ZONES
3.4 DENSITY AND INTENSITY CALCULATIONS
* * *
3.4.4
The allowable Transect Zone Density may be increased as provided by the Future Land Use
Element of the Miami Comprehensive Plan (Residential Density Increase Areas), as illustrated
in Article 4, Diagram 9.
For properties within one-half (1/2) mile of a Metrorail, Brightline, or Tri-Rail station with an
underlying Comprehensive Plan designation that provides for a greater Density than the zoning,
the applicable Density shall be as permitted by the underlying Comprehensive Plan designation.
3.14 PUBLIC BENEFITS PROGRAM
The intent of the Public Benefits Program established in this section is to allow bonus Building
Height and in T5 and T6 Zones, bonus FLR in T6 Zones, and bonus Building Height in D1
Zones, subject to certain conditions, in exchange for the developer's contribution to specified
programs that provide benefits to the public.
3.14.1
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.
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File ID: 14113 Enactment Number: 14211
The bonus Height and FLR shall be permitted if the proposed Development contributes toward
the specified public benefits and neighborhood enhancements, above that which is otherwise
required by this Code, in the amount and in the manner as set forth herein.
T5 bonus Height
1. The bonus Height shall only be available to properties in a T5 Transect Zone that are
not located within or Abutting the Neighborhood Conservation District (NCD) of Coral
Gate (NCD-1), Village West Island District and Charles Avenue (NCD-2), or the
Single -Family Residential District of the Coconut Grove NCD-3, and satisfy one or
more of the following circumstances:
a. T5-O site within a TOD not Abutting a T3 Transect Zone; or
b. T5-O site within a TOD Abutting a T3 Transect Zone shall be by process of
Exception with City Commission approval; or
c. T5-O lots assembled and platted prior to Miami 21 that are more than 200,000
square feet shall be by process of Exception with City Commission approval; or
d. T5 site that Abuts a D1 Transect Zone except when Abutting a T3 Transect
Zone.
2. The bonus Height shall be as follows:
T5-O: five (5) Story maximum, bonus to eight (8) Stories; bonus Development Height
shall only be permitted through Public Benefits pursuant to Section 3.14 and/or
neighborhood enhancements as described below in an amount equivalent to the
floor area of the proposed bonus floors, as follows:
a. Landscape Enhancements: Development provides for native specimen street
trees within the verge with a DBH of twenty-five percent (25%) above the typical
standards required by Article 9 and City Code Chapter 17 and are specified
within an adopted Street Tree Master Plan. For each tree provided on -site above
twenty-five percent (25%) of the standard DBH required, a development shall be
allowed an equivalent amount of Floor Area of anticipated mature canopy area
provided up to the bonus Height described in Section 3.14.1.
b. Park Improvements: As identified under Section 3.14.4.b improvements shall be
coordinated with the City's Capital Improvement Program within the associated
Commission District. Nothing herein shall prohibit or limit an applicant under this
section from making an additional voluntary contribution of amounts in excess of
its obligation under this section to be used for Capital Improvements within the
associated Commission District.
c. Pedestrian and Mobility Connections: Creating or improving pedestrian and
mobility connections between the development site and a transit stop and/or
other community -serving destinations such as parks, government buildings, and
commercial corridors. Such connections may include, but are not limited to, City
Right -of -Way crosswalks, sidewalk improvements, street trees, street furnishings,
and, traffic calming improvements that are coordinated with the City's Capital
Improvements Program of the associated Commission District.
i_ The value of contributing pedestrian and mobility connection
improvements shall be calculated and for said value, the development
project shall be allowed additional bonus Height as described in Section
3.14.1. For all applicable purposes, such contributions shall be treated as
a Trust Fund contribution pursuant to Section 3.14.4.b.(3).
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d. On -site Mobility Amenities: For development sites within a TOD area and five
hundred (500) feet of the Underline, enhanced on -site mobility amenities may be
provided over and above the required bicycle facilities identified within Section
3.6.10. Such mobility amenities include air-conditioned space, lockers, showers,
bicycle repair stations, drinking fountains within the mobility amenity space, and
increased bicycle storage providing at least twenty percent (20%) more bicycle
spaces than required. If at least two of the preceding enhancements are
provided, the Development shall be allowed bonus Height of an equivalent
amount of Floor Area as described in Section 3.14.1. If at least three (3) of the
preceding enhancements are provided, the Development shall be allowed bonus
Height of two (2) times the amount of Floor Area as described in Section 3.14.1.
If at least four (4) of the preceding enhancements are provided, the Development
shall be allowed bonus Height of three (3) times the amount of Floor Area as
described in Section 3.14.1.
i. The value of contributing on -site mobility amenities shall be calculated
and for said value, the development project shall be allowed additional
bonus Height as described in Section 3.14.1. For all applicable purposes,
such contributions shall be treated as a Trust Fund contribution pursuant
to Section 3.14.4.b.(3).
T6 bonus Height
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 shares a property line with a CS Zone.
1. T6-8: eight Story maximum, bonus to twelve (12) Stories, FLR 5; bonus of twenty-
five percent (25%)
2. T6-12: twelve (12) Story maximum, bonus to twenty (20) Stories, FLR 8, bonus of
thirty percent (30%)
3. T6-24a: twenty-four (24) Story maximum, bonus to forty-eight (48) Stories, FLR 7,
bonus of thirty percent (30%)
4. T6-24b: twenty-four (24) Story maximum, bonus to forty-eight (48) Stories, FLR 16,
bonus of forty percent (40%)
5. T6-36a: thirty-six (36) Story maximum, bonus to sixty (60) Stories, FLR 12, bonus of
forty percent (40%)
6. T6-36b: thirty-six (36) Story maximum, bonus up to sixty (60) Stories, FLR 22, bonus
of forty percent (40%)
7. T6-48a: forty-eight (48) Story maximum, bonus up to eighty (80) Stories, FLR 11,
bonus of fifty percent (50%)
8. T6-48b: forty-eight (48) Story maximum, bonus up to eighty (80) Stories, FLR 18,
bonus of fifty percent (50%)
9. T6-60a: sixty (60) Story maximum, bonus up to unlimited Stories, FLR 11, bonus of
fifty percent (50%)
10. T6-60b: sixty (60) Story maximum, bonus up to unlimited Stories, FLR 18, bonus of
fifty percent (50%)
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File ID: 14113 Enactment Number: 14211
11. T6-80: eighty (80) Story maximum, bonus to unlimited Stories, FLR 24; bonus of fifty
percent (50%).
o Transect Zone Heights are fully described in Article 5.
o In addition, certain other bonuses may be provided as follows:
12 4n addi nal Q i in a T5 zone b its a 01 zone for an ern iiyalent sg iare
footage of Affordable/ Workforce Housing as described in Section 3.1'1.'1. This shall
not be applicable to properties Abutting T3 zones. Reserved.
13. In T6 zones, additional Height and FLR for LEED certified Silver, Gold or Platinum
Buildings as described in Section 3.14.4.
14. An additional Story in any zone for development of a Brownfield as described
in Section 3.14.4.
15. In T6 zones additional Height and FLR for development that donates a Civic Space
Type or Civil Support Use area to the City of Miami as described in Section 3.14.4.
16. In T6-24b zones, bonus Height and FLR shall be fully satisfied through the following
requirements:
i. For rental Residential Development, a minimum of fourteen percent (14%) of
the units shall be provided as Workforce Housing or a minimum of seven percent
(7%) of the units shall be provided as Affordable Housing.
ii. For ownership Residential Development, a minimum of ten percent (10%) of
the units shall be provided as Workforce Housing or a minimum of five percent
(5%) of the units shall be provided as Affordable Housing.
iii. For all other development excluding ground floor Commercial
and Office Uses, fourteen percent (14%) of the non-residential FLR shall be provided
as a Trust Fund contribution as described in Section 3.14.4.a.(3).
17. In T6-8-O zones located in TOD areas, a proposed Development may obtain an
additional two (2) Bonus FLR in addition to two (2) by Right FLR that is available
only after fully utilizing all other Bonus FLR. There will be no limitations on the
number of stories but a maximum Building Height of 179 feet (or 235 feet for
developments which are 500 feet or more from T3) if the proposed Development
meets one of the following criteria, as further described in Section 3.14.4:
• For Office Development: Contributions to the Public Benefit Trust Fund for the
purposes of developing Affordable/Workforce Housing at or below one hundred
percent (100%) AMI.
• For 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.
D bonus Height
1. D Zone: eight (8) Story maximum, bonus to ten (10) Stories.
3.14.4
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File ID: 14113 Enactment Number: 14211
For the purposes of the public benefits program, the following criteria shall apply:
a. Affordable/Workforce Housing. The development project in a T6 zonc may provide
any of the following or combination thereof:
1. 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 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/Workforce 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.
3. Trust Fund contributions. For a cash contribution to the Miami 21 Public
Benefit Trust Fund, the development shall be allowed additional Floor
Area up to the bonus Height and FLR described in Section 3.14.1. The
cash contribution shall be determined based on a percentage of the
market value of the per square foot price being charged for units at
projects within the market area where the proposed project seeking the
bonus is located. The calculation assumes a land value per saleable or
rentable square foot within market area to equate to between 10 (ten) to
15 (fifteen) percent of market area's weighted average sales price per
square foot. The cash contributions shall be adjusted on an annual basis
to reflect market conditions effective October 1st of every year.
b. Public Parks, Open Space, or Park Improvements. The development project in a T6
zonc may provide any of the following or combination thereof:
1. Public Park, or Open Space, provided through purchase and in an area of
need identified by the City Parks and Open Space Master Plan and the
City's Parks Department. In addition, park improvements provided
through donation for Public Parks with amenity levels that are Moderate
or that Need Improvement as defined by the Parks Department Facilities'
Assessment Report.
i. For each square foot of dedicated public Park or Open Space
provided, the development shall be allowed two times the
development Floor Area of provided land up to the bonus
Height and FLR as described in Section 3.14.1. The Open
Space may be a Park, Green or Square, as more fully
described in Article 4, Table 7 of this Code.
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File ID: 14113 Enactment Number: 14211
ii. Park improvements shall be valuated and for said value the
development project shall be allowed additional Floor Area up
to the bonus Height and FLR described in Section 3.14.1 and
shall for all applicable purposes be treated as a Trust Fund
contribution pursuant to Section 3.14.4.b.(3).
iii. Park improvements for Public Parks in areas below 50%
median income threshold shall be allowed two times the
valuation credit.
iv. Park improvements for Public Parks located within five
hundred (500) feet of the development site and that are within
a T5 Transect Zone and a TOD area shall be allowed two (2)
times the valuation credit for up to 50% of the Floor Area.
Park improvements for Public Parks located within five
hundred (500) feet of the development site that are within a
T5 Transect Zone and a TOD area with a Metrorail, Brightline
or Tri-Rail station shall be allowed five (5) times the valuation
credit for up to 50% of the Floor Area.
v. Donations must meet all City requirements for design,
equipment specifications, construction, warranties, etc. Park
improvements are subject to review and approval by the City
Manager or designee in accordance with Miami 21.
2. Public Open Space provided on -site in a location and of a design to be
approved by the Planning Director. For each square foot of dedicated
public Park or Open Space provided, 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. The project shall maintain the
Frontage requirements of the Transect Zone. The Open Space may be a
Courtyard, Plaza, or Thoroughfare or Pedestrian Passage through the
site connecting two (2) Thoroughfares, such as a segment of the Baywalk
or FEC Greenway. See Article 4, Table 7.
3. Trust Fund contribution. For a cash contribution to the Miami 21 Public
Benefits Trust Fund, the development project shall be allowed additional
Floor Area up to the bonus Height and FLR described in Section 3.14.1.
The cash contribution shall be determined based on a percentage of the
market value of the per square foot price being charged for units at
projects within the market area where the proposed project seeking the
bonus is located. The calculation assumes a land value per saleable or
rentable square foot within market area to equate to between 10 (ten) to
15 (fifteen) percent of market area's weighted average sales price per
square foot. The cash contributions shall be adjusted on an annual basis
to reflect market conditions effective October 1st of every year.
c. Historic Preservation. The second half of a Development's requested Bonus Floor
Area to the maximum bonus Height and FLR as described in Section 3.14.1 shall be
allowed for additional square footage qualified under the city Transfer of
Development Rights program established in Chapter 23, City Code.
d. Green Building. In a T6 zonc aAdditional Height and FLR shall be allowed for
Buildings certified by the U.S. Green Building Council (USGBC) or for Buildings in a
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File ID: 14113 Enactment Number: 14211
T5 Transect zone within one-half (1/2) mile of a Metrorail, Brightline or Tri-Rail
station certified by the Florida Green Building Coalition (FGBC) as follows:
1. Silver, USGBC: For Buildings under 50,000 sf, 2.0% of the floor lot ratio
(FLR)
2. Silver, FGBC: 20% of the non -Bonus Floor Area in a T5 zone within one-
half (1/2) mile of a Metrorail, Brightline or Tri-Rail station.
3. Gold, USGBC: 4.0% of the Floor Lot Ratio (FLR)
4. Gold, FGBC: 30% of the non -Bonus Floor Area in a T5 zone within one-
half (1/2) mile of a Metrorail, Brightline or Tri-Rail station.
5. Platinum, USGBC: 13.0% of the Floor Lot Ratio (FLR)
Note: Standards equivalent to the USGBC, as adopted by the City, may
alternatively apply.
If at the time the first Certificate of Occupancy is issued for the Building
that received a public benefits bonus for a Green Building, the anticipated
LEED or FGBC certification, as applicable, has not been achieved, then
the owner shall post a performance bond in a form acceptable to the City
of Miami. The performance bond shall be determined based on the value
of land per square foot of Building in the area of the City in which the
proposed project is located, which may be adjusted from time to time
based on market conditions. The methodology for determining the value
of land per square foot of Building shall be maintained in the Planning
Department. The City will draw down on the bond funds if LEED or FGBC
certification, as applicable, has not been achieved and accepted by the
City within one year of the City issuance of the Certificate of Occupancy
for the Building. Funds that become available to the City from the
forfeiture of the performance bond shall be placed in the Miami 21 Public
Benefits Trust Fund established by this Code.
e. Brownfields. One additional Story of Height shall be permitted for redevelopment on
a Brownfield Site as defined herein.
f. Civic Space Types and Civil Support Uses. For a development project in a T6 zone
that donates a Civic Space Types or Civil Support Uses on site to the City of Miami,
an additional two square feet of area for each square foot of donated space or use,
up to the bonus Height and FLR, shall be allowed.
* *„
Section 3. Article 5 of the Miami 21 Code is further amended in the following
particulars, including replacing the Building Height Diagram:1
"ARTICLE 5. SPECIFIC TO ZONES
*
ILLUSTRATION 5.5 GENERAL URBAN TRANSECT ZONES (T5)
City of Miami Page 8 of 13 File ID: 14113 (Revision: C) Printed on: 11/16/2023
File ID: 14113 Enactment Number: 14211
BUILDING DISPOSITION
LUT OCCUPATION
a. Lot Area
- With rear vehicular
access
5,000 s.f. min.; 40,000
s.f. max.
1,200 s.f. min.; 40,000
s.f. max.
b. Lot Width
- With rear vehicular
access
50 ft min.
16 ft. min.
c. Lot Coverage
80% max., except
where greater lot
coverage is approved
by Exception from City
Commission within
TOD area.
d. Floor Lot Ratio (FLR)
N/A
e. Frontage at front
Setback
70% min.
f. Open Space
10% Lot Area min.
9. Density
65 du/ac max.
BUILDING SETBACK
a. Principal Front
10 ft. min.
b. Secondary Front
10 ft. min.
c. Side
0 ft. min.
d. Rear
0 ft. min.
e. Abutting Side or
Rear T4
1st through 5th Story
26 ft. min. above the
5th Story, except where
lesser setbacks are
approved by Exception
from City Commission
within TOD area.
Abutting Side or Rear
T3
10% of Lot depth**min.
1st through 2nd Story
26 ft. min. above 2nd
Story, except where
lesser setbacks are
approved by Exception
from City Commission
within TOD area.
BUILDING CONFIGURATION
City of Miami
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File ID: 14113 Enactment Number: 14211
FRONTAGE
a. Common Lawn
prohibited
b. Porch & Fence
prohibited
c. Terrace or L.C.
prohibited
d. Forecourt
permitted
e. Stoop
permitted
f. Shopfront
permitted (T5 L and
T5 0 only)
9. Gallery
permitted by Special
Area Plan
h. Arcade
permitted by Special
Area Plan
BUILDING HEIGHT
a. Min. Height
2 Stories
b. Max. Height
5 Stories
8 Stories
c. Max. Benefit Height
4- 3 Stories Abutting
D1, except when
Abutting T3
3 Stories within a
TOD *
3 Stories for lots
assembled and
platted prior to Miami
21 that are more
than 200,000 sq ft. *
* Shall be process of Exception in circumstances specified in Section 3.14.1.1
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File ID: 14113 Enactment Number: 14211
UILDING HEIGHT
Me3c. Benefit i
Height i r 6 r
Min.
Height
M
Hi
Mir
He
ABU GSIDE &REAR Di
r
1
K
ght
�-
�-
0' min.
ABUTTING S
&REAR ALLZO
EICCEPTT4 &T3
28' min
ABUTTING SIDE & REAFI T4 ABUTTING SIDE & R
"10% of Lot depth for Lots more than 120' deep
6' min for Lots less than 120' deep
City of Miami Page 11 of 13 File ID: 14113 (Revision: C) Printed on: 11/16/2023
File ID: 14113 Enactment Number: 14211
Max. Benefit
Height
Max.
Height
Min
Height
BUILDING HEIGHT
s
8
7
6
5
4
3
2 O'min. ►t
1
ABUTTING SIDE & REAR ALLTRANSECT ZONES EXCEPT T4 & T3
Max. Benefit
Height 8
Max. —s
Height
Min. _s
Height
7
6
26' min.
5
4
3
2
6' min.
1
ABUTTING SIDE & REAR T4
Max. Benefit
Height
Max.
Height
Min. y
Height
*11
26' min.
10% of Lot depth
ABUTTING SIDE & REAR T3
* 10% of Lot depth for Lots more than 120' deep.
6' min. for Lots less than 120' deep.
Section 4. 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.
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File ID: 14113 Enactment Number: 14211
Section 5. It is the intention of the City Commission that the provisions of this
Ordinance shall become and be made a part of the Zoning Ordinance of the City of Miami,
Florida, which provisions may be renumbered or relettered and that the word "ordinance" may
be changed to "section", "article", or other appropriate word to accomplish such intention.
Section 6. This Ordinance shall become effective ten (10) days after the adoption
thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City ttor ey 11/15/2023
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 13 of 13 File ID: 14113 (Revision: C) Printed on: 11/16/2023