HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 14262
Title: 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 3.14, TITLED "PUBLIC BENEFITS
PROGRAM," AND ARTICLE 5, TITLED "SPECIFIC TO ZONES," AND
ILLUSTRATION 5.5, TITLED "GENERAL URBAN TRANSECT ZONES,"
TO ALLOW BONUS BUILDING HEIGHT IN CERTAIN OPPORTUNITY
ZONES WITHIN THE "T5," URBAN CENTER TRANSECT ZONE IN
EXCHANGE FOR CERTAIN PUBLIC BENEFITS; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
APPLICANT(S): Arthur Noriega V, City Manager on behalf of the City of Miami
PURPOSE: To create flexibility in T5-O by allowing increased height in Opportunity
Zones where Affordable/Workforce Housing is provided.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: On December 6, 2023, the motion to
approve was tied, by a vote of 4-4, which constitutes a denial.
City of Miami File ID: 15047 (Revision: A) Printed On: 3/27/2024
City of Miami
Legislation
Ordinance
Enactment Number:14262
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 15047 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, BY AMENDING ARTICLE 3, TITLED
"GENERAL TO ZONES," SECTION 3.14, TITLED "PUBLIC BENEFITS
PROGRAM," AND ARTICLE 5, TITLED "SPECIFIC TO ZONES," AND
ILLUSTRATION 5.5, TITLED "GENERAL URBAN TRANSECT ZONES," TO
ALLOW BONUS BUILDING HEIGHT IN CERTAIN OPPORTUNITY ZONES
WITHIN THE "T5," URBAN CENTER TRANSECT ZONE IN EXCHANGE
FOR CERTAIN PUBLIC BENEFITS; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
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 located within certain transit areas and Opportunity
Zones and comprising of a range of housing and price options contribute to the creation of
compact, pedestrian -oriented, and mixed -use communities in accordance with the Miami 21
Code Guiding Principles; 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, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
December 6, 2023, following an advertised public hearing, adopted resolution no.23-119, by a
vote of four to four (4-4), item no. PZAB. 6 constituting a denial due to a tied -vote of the zoning
text change; 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
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, it is deemed 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;
City of Miami File ID: 15047 (Revision: A) Printed On: 3/27/2024
NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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. Article 3 of the Miami 21 Code, titled "General to Zones," is amended in the
following particulars:1
"ARTICLE 3. GENERAL TO ZONES
3.14 PUBLIC BENEFITS PROGRAM
* * *
3.14.1
The bonus Height and FLR shall be permitted if the proposed Development contributes
toward the specified public benefits, a€ neighborhood enhancements, and/or
Affordable/Workforce Housing 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,. or
e. T5-O site within an Opportunity Zone and within a TOD or a quarter
(1/4) mile of a Transit Corridor, but not Abutting a T3 Transect Zone.
2. For properties that fall under the above subsections 3.14.1(1)(a) through (d), tThe
bonus Height shall be as follows:
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 File ID: 15047 (Revision: A) Printed On: 3/27/2024
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).
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.
City of Miami File ID: 15047 (Revision: A) Printed On: 3/27/2024
For all applicable purposes, such contributions shall be treated as
a Trust Fund contribution pursuant to Section 3.14.4.b.(3).
3. For properties that fall under the above subsection 3.14.1(1)(e), 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 the development of a
mixed -income building with Dwelling Units provided as described below:
a. Certification by the City of Miami's Housing and Community
Development Department, or successor, that the proposed
Development is a mixed -income building providing a minimum of ten
percent (10%) of the Dwelling Units as Affordable/Workforce Housing
serving residents at or below one hundred percent (100%) of the AMI.
b. All Developments under this Section shall submit a recorded covenant
running with the land in a form acceptable to the City of Miami,
confirming the Development will meet the above criteria for a period of
no less than thirty (30) years from the date of the issuance of a
Certificate of Occupancy for homeownership or rental housing
Development, with a minimum of two (2) automatic ten (10) year
extensions that may only be released with City Commission approval.
Said covenant shall meet all other requirements including those set
forth in Chapter 62 of the City Code.
* *„
Section 3. Article 5 of the Miami 21 Code is further amended in the following
particulars:2
"ARTICLE 5. SPECIFIC TO ZONES
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. Unchanged diagrams have been omitted and will remain.
City of Miami File ID: 15047 (Revision: A) Printed On: 3/27/2024
ILLUSTRATION 5.5 GENERAL URBAN TRANSECT ZONES (T5)
BUILDING DISPOSITION
LOT 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.
g. 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
Rear T4
or
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.
City of Miami
File ID: 15047 (Revision: A) Printed On: 3/27/2024
*„
BUILDING CONFIGURATION
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
1 Story (15ft min.)
b. Max. Height
5 Stories
c. Max. Benefit Height
• 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.
• 3 Stories within an Opportunity Zone and a
Transit Corridor or TOD
* Shall be process of Exception in circumstances specified in Section 3.14.1.1
Section 4. 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 5. 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 6. This Ordinance shall become effective immediately upon adoption and
signature of the Mayor.3
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
City of Miami File ID: 15047 (Revision: A) Printed On: 3/27/2024
APPROVED AS TO FORM AND CORRECTNESS:
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein. whichever is later.
City of Miami File ID: 15047 (Revision: A) Printed On: 3/27/2024