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HomeMy WebLinkAboutO-14261City of Miami Ordinance 14261 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12860 Final Action Date: 3/14/2024 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY AMENDING APPENDIX A, SECTION A.2, TITLED "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE NEIGHBORHOOD CONSERVATION DISTRICTS 2 (NCD-2)", TO MODIFY THE EXISTING MIXED USE CULTURAL DISTRICT BOUNDARY, CREATE NEW USES DEFINITIONS, INTRODUCE DEVELOPMENT AND PARKING FLEXIBILITIES, AND CREATE NEW REGULATIONS AND DEVELOPMENT GUIDELINES FOR AFFORDABLE HOUSING; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Ken Russell, Commissioner Joe Carollo, Commissioner Sabina Covo, Commissioner Damian Pardo WHEREAS, the precursor for the NCD-2, the "SD-26 Coconut Grove Market Overlay District," was established by Ordinance No.12324 by amending the prior City of Miami Zoning Ordinance, Ordinance No. 11000 ("Ordinance No. 11000"); and WHEREAS, on September 25, 2003, the City Commission adopted Ordinance No. 12417 rescinding Ordinance No. 12324 and amending Article 8, Section 802 of Ordinance No. 11000 to establish the "NCD-2 Grand Avenue Corridor Neighborhood Conservation Overlay District"; and WHEREAS, on January 27, 2005, the City Commission adopted Ordinance No. 12651 amending Article 6 to add Section 626, titled "Village West Island Special Overlay District," and to repeal the NCD-2 Grand Avenue Corridor Neighborhood Conservation Overlay District and further amending Article 8 to create Section 802, titled "Charles Avenue Neighborhood Conservation Overlay District"; and WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114 as the current Zoning Ordinance ("Miami 21 Code"); and WHEREAS, at the October 13, 2022 City Commission meeting, the City Commission directed the City Manager and the City Attorney to take any and all actions to improve affordable housing within the Little Bahamas area of the City of Miami; and WHEREAS, pursuant to City Commission directive on September 10, 2020, the City of Miami, working with a consultant, completed a report to identify future housing opportunities within the West Grove community, titled "West Grove Affordable Housing Blueprint"; and WHEREAS, Appendix A.2 of the Miami 21 Code contains the Neighborhood Conservation District regulations, titled "Village West Island District and Charles Avenue" ("NCD-2"); and City of Miami Page 1 of 11 File ID: 12860 (Revision:) Printed On: 3/27/2024 File ID: 12860 Enactment Number: 14261 WHEREAS, the intent of the NCD-2 is to identify and recognize areas in Coconut Grove that are historically significant; to promote gateways, gathering places, and activities corresponding to its culture and heritage; to compliment the character of the entire community and promote the history of the Island District; and to promote its successful revitalization and restoration; and WHEREAS, an expanded boundary of the Mixed Use Cultural District would allow additional areas to benefit from the objectives and regulatory provisions of the District; and WHEREAS, for clarity, new definitions for Art Gallery, Manufacturing Enabled Retail, Micro -Retail, and Community Garden have been identified; and WHEREAS, additional design standards have been identified to enhance the Caribbean architectural style and achieve the goals outlined in the Grand Avenue Vision Plan; and WHEREAS, this amendment creates a new program that incorporates additional incentives to encourage the development of Affordable and Attainable Mixed -Income Housing Developments within the Mixed Use Cultural District; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on December 21, 2022, following an advertised public hearing, adopted Resolution No. PZAB-R- 22-075 by a vote of eight to zero (8-0), Item No. PZAB.4, recommending approval of the Zoning Text Change; and WHEREAS, the City Commission has considered whether the proposed amendments 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 City Commission has considered the need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary; and WHEREAS, the City Commission has considered the Planning Director's recommendations and conducted a public hearing on the proposed amendment; 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 and incorporated as if fully set forth in this Section. Section 2. The Miami 21 Code is hereby amended by making modifications to Appendix A, Section A.2 Village West Island District NCD-2 in the following particulars 1: "A.2 VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE (NCD-2)" 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 11 File ID: 12860 (Revision:) Printed on: 3/27/2024 File ID: 12860 Enactment Number: 14261 2.5 Village West Island Commercial District 2.5.1 Mixed Use Cultural District Boundaries: all properties located on Grand Avenue between Margaret McDonald Street on the east and the City limits on the west, and Douglas Road between Grand Avenue Charles Terrace on the south and Day Avenue US-1 on the north, including all adjoining properties. The Mixed Use Cultural District also includes areas of the Grove Gateway, which is defined as both sides of Day Avenue between Douglas Road and US-1; Mundy Street Addition, defined as both sides of Mundy Street between Day Avenue and US-1; Kingsway Addition, defined as the area between Charles Terrace and Washington Avenue between Brooker and Jefferson Streets; Christ Episcopal Addition, defined as the area between William Ave and Grand Ave between Hibiscus Street and Elizabeth Street. The Mixed Use Cultural District is intended to give a distinctive cultural character to retail and commercial uses on Grand Avenue and Douglas Road. The intent is to enhance these corridors as a tourist destination, encourage heritage retail and cultural/historic businesses, support current resident -owned businesses, promote a cultural facade, provide more culturally themed businesses, establish a critical mass of housing and retail and provide a culturally themed bridge to all other parts of the District by promoting the culture of the community in this short corridor and entranceway to the commercial main street. To this end, the district is dedicated primarily to culturally themed boutiques, gift shops and book stores, hair salons, apparel, restaurants and cafes, music shops and outdoor plazas, straw markets, cultural facilities, art and upscale cultural entertainment that reflect a Caribbean culture. a. Use Regulations: The Mixed Use Cultural District shall permit the following Uses in addition to those which are permitted in the underlying transect zones: 1. Permanent structures providing for a Straw Market with Caribbean crafts, foods, apparel, souvenirs, and other goods attractive to tourists, subject to a Waiver with a mandatory referral to the district NET Administrator, and limited to the following items for sale: Heritage retail foods, apparel, souvenirs; bookstores and gift shops with cultural themes; hair salons, including outdoor hair braiding; and music and entertainment reflective of that found in the Caribbean. "Large-scale retail establishments" exclusively for the sale of groceries and not exceeding forty thousand (40,000) square feet shall be permitted within the Mixed Use Cultural District only for properties with an underlying T5 Transect Zone by process of Warrant. "Groceries" are defined as food products, dry groceries (such as meats, poultry, seafood, sushi, dairy products, frozen foods, fruits, vegetables, deli items, prepared foods, baked goods, health and beauty products, pharmaceuticals, and alcoholic beverages) or services commonly provided in a grocery store in Miami -Dade County. 3. Other permissible uses along ground floor locations include: Bars, saloons, taverns, private clubs, supper clubs, including those with dancing and live entertainment are permitted in such ground floor locations along primary streets or elsewhere within the district only by Warrant, and only subject to limitations on buffer overlay districts. City of Miami Page 3 of 11 File ID: 12860 (Revision:) Printed on: 3/27/2024 File ID: 12860 Enactment Number: 14261 4. Sales display and outdoor dining within open or partially open space. 5. Vending in open space as per the City of Miami's Vending in Open Space Regulations. 6. Art gallery: A for profit or not -for -profit place of business primarily engaged in the display and/or sale of art work created or produced on or off site, with works available for immediate purchase and removal from the premises, and can be used for purposes of public programming and community education programs. Manufacturing enabled retail: A facility primarily engaged in the manufacturing, processing, or assembly of goods and shall include on -premises retail sales. Micro -Retail: An individual retail sales establishment under 500 square feet of Habitable Space. 9. Community Garden: a grouping of garden plots on an open-air lot that is primarily used for the small-scale cultivation and harvesting of fruits and vegetables, herbs and/or ornamental plants by and for consumption by residents, businesses, or community organizations within the neighborhood; excluding raising of livestock, animal husbandry or other traditional agricultural production for wholesale distribution. b. Height: In order to ensure appropriate scale of infill development along Grand Avenue and Douglas Road, irrespective of the underlying zoning limitations, except as modified below, new &Single -Use structures shall be limited to a maximum of fifty (50) feet and mixed -use structures shall belted to sixty two (62) feet to be accommodated in no more than five (5) stories. All new development shall adhere to the Village West Island Grand Avenue Architectural and Urban Design Guidelines. c. Architectural Guidelines: All establishments and businesses in the Mixed Use Cultural District shall conform to the Village West Island West and Grand Avenue Architectural and Urban Design Guidelines and shall maintain a facade that is consistent with Caribbean architectural facades as described and as examples are shown within the guidelines. To enhance the Caribbean architectural style and achieve the goals outlined in the Grand Avenue Vision Plan, the following standards apply to all developments on the Grand Avenue and Douglas Road corridors within the Mixed Use Cultural District: 1. Building Configuration Galleries, Arcades and Cantilevered Buildings shall be permitted to extend above the Public Right -of -Way. In T5 and T6, an Arcade, Gallery or Cantilever, and the addition of any Habitable Space above an Arcade or Cantilever, shall require a Warrant and: (i) a recommendation of approval or approval with conditions by UDRB; and (ii) the approval of the Director of Public Works. i. An Arcade shall not reduce the active Sidewalk width from the connecting Sidewalk and shall maintain a minimum vertical clearance of fifteen feet (15') above the average Sidewalk grade. The Arcade shall be a minimum of thirteen feet (13') deep and may overlap the whole width of the Sidewalk to within two feet (2') of the curb. Arcades shall be allowed by Waiver on Principal Frontages. City of Miami Page 4 of 11 File ID: 12860 (Revision:) Printed on: 3/27/2024 File ID: 12860 Enactment Number: 14261 ii. A Gallery shall not reduce the active Sidewalk width from the connecting Sidewalk and shall maintain a minimum vertical clearance of fifteen feet (15') above the average Sidewalk grade. The Gallery shall be a minimum of thirteen feet (13') deep and may overlap the whole width of the Sidewalk to within two (2') feet of the curb. Galleries shall be allowed by Waiver on Principal Frontages. 2. Architectural Standards i. The Facades on Commercial Principal Frontages shall be detailed as storefronts with decorative Facade treatment with a glazing standard provided between seventy percent (70%) and thirty percent (30%) glazing is allowed By Right. Requests for reductions to provide between twenty- nine percent (29%) to a minimum of twenty percent (20%) glazing may be allowed by Waiver in order to create a more Caribbean architectural facade. 3. Landscape Standards i. The First Layer shall be hardscaped to match the Public Frontage. Street trees shall be neatly aligned in the Verge, or in bulb outs where possible, and the Verge shall be permeable pavement. d. Additional Regulations 1. Existing businesses established prior to the adoption of this code shall be allowed to remain in the Mixed Use Cultural District regardless of their cultural theme without being considered nonconformities. 2. Shared Parking: Office, Commercial or Residential -lined shared structured parking shall be permitted within the Mixed Use Cultural District. Underground parking shall be permitted in T3 and T4 Transect Zones by Warrant for those properties which abut T5 Transect Zones along Grand Avenue between SW 37th Avenue and SW 32nd Avenue in the Mixed Use Cultural District. Any T3 designated properties which have underground parking shall be required to be developed with Residential Structures for Residential Use on the surface of the underground parking structure. No replat is required if the T3 Transect Zone properties are tied to the property abutting Grand Avenue the Mixed Use Cultural District by a covenant -in -lieu of Unity of Title. 3. Density: Except as otherwise noted, Density limitations shall apply as per the underlying Transect Zone without the limitation of one (1) unit per lot of record for T3-R and two (2) units per lot of record for T3 O_ and the following minimum setbacks shall apply: {a) T3 R Properties (i) Front: twenty (20) feet (ii)Side: five (5) feet (iii)Rear: zero (0) feet (b) T3 0 Properties (i) Front: ten (10) feet (ii) Side: Zero (0) feet (iii) Rear: Zero (0) feet City of Miami Page 5 of 11 File ID: 12860 (Revision:) Printed on: 3/27/2024 File ID: 12860 Enactment Number: 14261 4. The following minimum setbacks shall apply: i. T3-R Properties Front: twenty (20) feet Side: five (5) feet Rear: zero (0) feet ii. T3-O Properties Front: ten (10) feet Side: Zero (0) feet Rear: Zero (0) feet iii. Minimum required setbacks may be reduced through the Warrant process. e. Mixed Use Cultural District Affordable and Attainable Mixed -Income Housing Development Regulations The intent of this section is to promote development of housing that is affordable to households earning below the Area Median Income (AMI) in order to prevent displacement, to foster cultural preservation, to incentivize the reuse of existing buildings in order to create housing that are compatible with established neighborhood character; to promote City goals of achieving greater cultural preservation and a more equitable distribution of affordable housing in the Mixed Use Cultural District of NCD-2. Developments within the West Grove Mixed Use Cultural District and zoned T4 Transect Zone or higher shall meet criteria within subsection (1) Affordable Housing Development or (2) Attainable Mixed -Income Housing Development: Mixed Use Cultural District Affordable Housing Developments: As a pre -requisite to qualify as an Affordable Housing Development eligible for any of the special benefits described below, an applicant shall submit to the Office of Zoning a recorded covenant running with the land, in a form acceptable to the City of Miami, confirming the property will meet the criteria in subsection (i) or (ii) 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: i. A minimum of eighty percent (80%) of the Dwelling Units (Multi -family or Elderly) as Affordable Housing serving residents at or below seventy percent (70%) of the Area Median Income (AMI) as published by the United States Department of Housing and Urban Development annually. The remainder of the Dwelling Units shall not exceed one hundred percent (100%) AMI; ii. Home Buying Program: A minimum of fifty percent (50%) of the Dwelling Units shall be offered to home buyers with income at a maximum of 120% AMI. 2. Mixed Use Cultural District Attainable Mixed -Income Housing Developments: As a pre -requisite to qualify as an Attainable Mixed -Income Housing Development eligible for any of the special benefits described below, 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 (i) or (ii) below for a period of no less than thirty (30) years City of Miami Page 6 of 11 File ID: 12860 (Revision:) Printed on: 3/27/2024 File ID: 12860 Enactment Number: 14261 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: i. A minimum of twenty percent (20%) of the Dwelling Units as Affordable Housing serving residents at or below seventy percent (70%) 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 Workforce Housing above sixty percent (60%) of the AMI and at or below one hundred percent (100%) of the AMI. ii. Home Buying Program: A minimum of thirty percent (30%) of the Dwelling Units shall be offered to home buyers with income at a maximum of 120% AMI. iii. Purchased Dwelling Units shall be created and conveyed subject to recorded covenants approved by HCD guaranteeing the long-term (30 years or more) availability of the Affordable Housing Dwelling Units for eligible households. 3. Mixed Use Cultural District Affordable Housing Preference Program: i. Affordable Housing Dwelling Units provided pursuant to subsections (1) or (2) above may be rented or sold to eligible households, with preference given to NCD-2 — West Grove residents and former NCD-2 residents who experienced a no-fault eviction in NCD-2 in the last forty-eight (48) months, in accordance with standards and procedures related to selection, asset limits, and marketing established by the Housing and Community Development Department (HCD) and applicable State and Federal funding requirements. ii. An eligible household may continue to rent a Dwelling Unit after initial occupancy even if the eligible household's gross household income exceeds the eligibility limits set forth herein, but may not exceed one hundred twenty percent (120%) of AMI for more than one year. Should the Eligible Household's income exceed the eligibility limits for more than one (1) year then upon lease renewal for existing Eligible Household unit, lessee shall be notified and given up to one (1) additional year to find new housing meeting their income level needs. f. In place of any conflicting provisions elsewhere in this Code, Mixed Use Cultural District Affordable and Attainable Mixed -Income Housing Developments may be developed in accordance with the following: Affordable Housing Development Standards. The following standards apply to those developments meeting the program identified in Section 2.5.1.e.1. Density — Developments certified under 2.5.1.e.1 may increase its Density 100%. The property must be eligible to increase its Density by being consistent with the Interpretation of the Future Land Use Map (FLUM) of the Miami Comprehensive Neighborhood Plan (MCNP). Parking Standards — are set forth in Article 4, Table 4, except as modified below: City of Miami Page 7 of 11 File ID: 12860 (Revision:) Printed on: 3/27/2024 File ID: 12860 Enactment Number: 14261 i. Developments within TOD or Transit Corridors may fully reduce parking requirements. ii. Shared parking factors identified within Article 4, Table 5 shall be modified as the following; 1. Office -Residential is 1.5; 2. Commercial -Residential is 1.5; 3. For other uses not indicated within Article 4, Table 5 sharing factor, a sharing factor of 1.4 shall be allowed for mixed -use developments. iii. Access aisle width in off-street Parking Structures shall be 20 foot minimum for 90° angle parking. iv. Compact parking stalls are permitted for Developments subject to the following: 1. Compact stalls shall have dimensions no less than eight feet (8') in width and fifteen (15') feet in length. 2. The first five (5) parking spaces shall be standard size stalls. Fifty percent (50%) of the remaining parking may be compact spaces. 3. Off -Site Parking: Parking requirements may be satisfied off -site within a Parking Structure in the T4, T5 or T6 transect zone that shall be within 1,500 feet measured from the nearest point on the parcel of land of the proposed Development site. i. An applicant requesting Parking off -site within a Parking Structure shall provide a Parking covenant, in a form acceptable to the City Attorney, to be recorded against the proposed Parking Structure site prior to issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy for the Development site, as applicable. The covenant shall, at a minimum, memorialize the Property location and number of spaces of the proposed Development site for which the Parking Structure provides such parking availability. The applicant may request the removal or modification of a Parking covenant upon such time that the City Parking requirements are reduced or mass transit conditions are modified in a way that may facilitate additional Parking space reductions, or the required parking being provided off -site is otherwise satisfied on -site, off -site or through payment of fees in lieu, if applicable. 4. Loading Standards - Loading standards are set forth in Article 4, Table 5, except as modified below: i. On -street loading for all Developments may be allowed for a maximum of one (1) loading space in areas designated by signage and for limited intervals during specified hours. This Section applies to only Office, Commercial, Lodging, and Residential Loading, as needed. ii. On -street loading areas intended to service Office, Commercial, Lodging and Residential loading berth requirements described within Article 4, Table 5 are permitted within specifically designated zones along Grand Avenue and Douglas located within 500' feet of the Development site. On -street loading within such designated zones shall not exceed 20 minutes. Such loading activity shall occur only between times posted. 5. Architectural Standards General Urban Transect Zones (T4) City of Miami Page 8 of 11 File ID: 12860 (Revision:) Printed on: 3/27/2024 File ID: 12860 Enactment Number: 14261 i. Setback and Landscape Buffer: Development on assembled lots with at least one lot designated as a T4 Transect, and abutting a property with a T3 zoning designation, the development shall provide a ten foot (10') setback along the T3 property and shall be heavily landscaped along the T3 property. This setback shall include Florida native landscaping and trees, hedging, and ground cover. This setback shall be included in the required landscape plan and shall be maintained for as long as the lot abuts T3 property. The setback distance may be reduced by permission of the Planning Director if a certified letter of agreement from the abutting neighbors is obtained. ii. Height: Projects within a TOD shall have a maximum building height of 40 feet with no limitation on the number of Stories. Urban Center Transect Zones (T5) Setback and Landscape Buffer: Developments on T5 Lots abutting another property with a T3 zoning designation, the development shall provide a minimum fifteen foot (15') setback along the T3 property. This setback shall include Florida native landscaping and trees at no less than fifteen (15') to twenty (20') feet in height, with a diameter at breast height of no less than four (4") to five (5") inches spaced on 15-foot centers. Also included in this setback shall be native hedging and native ground cover. This buffer shall be included in the required landscape plan and shall be maintained for as long as the lot abuts T3 property. For developments adjoining a T3 property, the setback distance may be reduced by permission of the Planning Director if a certified letter of agreement from the abutting neighbors is obtained. ii. Height: T5 Lots may be built to a height of 75 feet and five (5) Stories. Developments within a TOD shall have a maximum building height of 85 feet with no limitation on the number of Stories. Urban Code Transect Zones (T6) i. Setback and Landscape Buffer: Developments on T6 Lots abutting another lot with a T3 or T4 Transect Zone, the development shall provide a fifteen (15') foot wide setback along the T3 and/or T4 property. This setback shall include Florida native landscaping and trees at no less than fifteen (15') to twenty (20') feet in height, with a diameter at breast height of no less than four (4") to five (5") inches spaced on 15-foot centers. Also included in this setback shall be native hedging and native ground cover. The setback distance may be reduced by permission of the Planning Director if a certified letter of agreement from the abutting neighbors is obtained. ii. Height: T6-8 Lots within a TOD may be built to a maximum height of 125 feet with no limitation on the number of Stories. T6 Developments may receive an additional twenty-five percent (25%) bonus Building Height and FLR through participation in the Public Benefit Program within Article 3, Section 3.14. City of Miami Page 9 of 11 File ID: 12860 (Revision:) Printed on: 3/27/2024 File ID: 12860 Enactment Number: 14261 Mixed Use Cultural District Attainable Mixed -Income Housing Development Standards 1. Architectural Standards General Urban Transect Zones (T4) i. Density: Developments certified under 2.5.1.e.2 may increase its density up to fifty (50%) percent. The property must be eligible to increase its Density by being consistent with the Interpretation of the Future Land Use Map (FLUM) of the Miami Comprehensive Neighborhood Plan (MCNP). ii. Setback and Landscape Buffer: Development on assembled lots with at least one lot designated as a T4 Transect Zone, and abutting a property with a T3 transect zoning designation, the development shall provide a ten foot (10') setback along the T3 property and shall be heavily landscaped along the T3 property. This setback shall include Florida native landscaping and trees, hedging, and ground cover. This setback shall be included in the required landscape plan and shall be maintained for as long as the lot abuts T3 property. The setback distance may be reduced by permission of the Planning Director if a certified letter of agreement from the abutting neighbors is obtained. iii. Height: Height for Gable or Hip Roof developments shall be measured to the eave-roof junction. iv. Parking: Developments within the TOD or Transit Corridor under 20,000 gross square feet area may be granted a 50% parking reduction for all Residential and Commercial Uses. Urban Center Transect Zones (T5) i. Density: Developments certified under 2.5.1. e.2 may increase its Density up to fifty (50%) percent. The property must be eligible to increase its Density by being consistent with the Interpretation of the Future Land Use Map (FLUM) of the Miami Comprehensive Neighborhood Plan (MCNP). ii. Setback and Landscape Buffer: Developments on T5 Lots abutting another property with a T3 zoning designation, the development shall provide a minimum fifteen foot (15') setback along the T3 property. This setback shall include Florida native landscaping and trees at no less than fifteen (15') to twenty (20') feet in height, with a diameter at breast height of no less than four (4") to five (5") inches spaced on 15-foot centers. Also included in this setback area shall be native hedging and native ground cover. This buffer shall be included in the required landscape plan and shall be maintained for as long as the lot abuts T3 property. For developments adjoining a T3 property, the setback distance may be reduced by permission of the Planning Director if a certified letter of agreement from the abutting neighbors is obtained. City of Miami Page 10 of 11 File ID: 12860 (Revision:) Printed on: 3/27/2024 File ID: 12860 Enactment Number: 14261 iii. Height: T5 Lots shall have a maximum building height of 85 feet with no limitation on the number of Stories. iv. Parking: Developments within the TOD or Transit Corridor under 20,000 square feet gross area may be granted a 50% parking reduction for all Residential and Commercial Uses. Urban Code Transect Zones (T6) i. Density: Developments certified under 2.5.1.e.2 may increase its density up to fifty (50%) percent. The property must be eligible to increase its Density by being consistent with the Interpretation of the Future Land Use Map (FLUM) of the Miami Comprehensive Neighborhood Plan (MCNP). ii. Setback and Landscape Buffer: Developments on T6 lots abutting another lot with a T3 or T4 Transect Zone, the development shall provide a fifteen (15') foot wide setback along the T3 and/or T4 property. This setback shall include Florida native landscaping and trees at no less than fifteen (15') to twenty (20') feet in height, with a diameter at breast height of no less than four (4") to five (5") inches spaced on 15-foot centers. Also included in this setback area shall be native hedging and native ground cover. The setback distance may be reduced by permission of the Planning Director if a certified letter of agreement from the abutting neighbors is obtained. *11 Section 3. It is the intention 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 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. Section 5. This Ordinance shall become effective ten (10) days after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, ity Attor ey 1/3/2023 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 11 of 11 File ID: 12860 (Revision:) Printed on: 3/27/2024