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Home My WebLink AboutO-12486City of Miami Legislation Ordinance: 12486 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 03-0298 Final Action Date: 2/12/2004 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 6 AND 9, IN ORDER TO ADJUST THE PAYMENT AMOUNT FOR CONTRIBUTIONS INTO THE CITY OF MIAMI'S AFFORDABLE HOUSING TRUST FUND; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of November 5, 2003. Item No. 5, following an advertised hearing, adopted Resolution No. PAB 70-03 by a vote of nine to zero (9-0), RECOMMENDING APPROVAL of amending Zoning Ordinance No. 11000 as hereinafter set forth; and WHEREAS, the City Commission desires to modify the criteria and requirements associated with certain development bonuses in the Brickell Area; 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; 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:{1} "ARTICLE 6. SD SPECIAL DISTRICTS GENERAL PROVISIONS Sec. 605. SD-5 Brickell Avenue Area Office -Residential District. Sec. 605.7. Floor area limitations. Floor area limitations of the SD-5 district shall be as follows, subject to the requirements and limitations of sections 903.1 and 903.2: City of Miami Page 1 of 5 File Id: 03-0298 (Version: 3) Printed On: 8/29/2016 File Number: 03-0298 Enactment Number: 12486 605.7.1. Floor area limitations for residential, nonresidential and combination use buildings. Except as modified by section 605.7.2. below: 1. The floor area for all residential uses, including hotels, shall not exceed four and twenty-five hundredths (4.25) times the gross lot area. 2. The floor area for all nonresidential uses shall not exceed three and twenty-five hundredths (3.25) times the gross lot area. 3. The total floor area for combination of residential and nonresidential uses within the same building (or buildings on the same lot) shall not exceed four and twenty-five hundredths (4.25) times the gross lot area; provided, however, nonresidential uses shall not exceed three and twenty-five hundredths (3.25) times the gross lot area. 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 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 eit a. A a nonrefunable developer contribution of six dollars and sixty_se„en cents ($6.67) twelve dollars and forty cents ($12.40) to the Affordable Housing Trust Fund administered by the City of Miami;— b. Developer -sponsored construction of fifteen hundredths (0.15) square foot of affordablc housing as defined in ,article 25Asp or level e 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 when begun; or b) a certified check to the Affordable Housing Trust Fund has been deposited with the City of Miami. City of Miami Page 2 of 5 File Id: 03-0298 (Version: 3) Printed On: 8/29/2016 File Number: 03-0298 Enactment Number: 12486 Sec. 606. SD-6, SD-6.1 Central Commercial Residential Districts. 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. Pursuant to section 914, Ffor every six dollars and sixty_se„en cents ($6.67) twelve dollars and forty cents ($12.40) contributed prior to the issuance of a building permit to the Affordable Housing Trust Fund established and administered by the City of Miami, the maximum floor area may be increased by one (1) square foot for any permitted use, not to exceed the permissible 25% increase in square footage specified in section 914. 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. Sec. 607. SD-7 Central Brickell Rapid Transit Commercial -Residential District. * Sec. 607.7. Floor area limitations. Floor area limitations for SD-7 shall be as follows, subject to the limitations and requirements of sections 903.1 and 903.2: City of Miami Page 3 of 5 File Id: 03-0298 (Version: 3) Printed On: 8/29/2016 File Number: 03-0298 Enactment Number: 12486 607.7.1. Floor area limitations for residential, nonresidential, and combination use buildings. The maximum floor area ratio for all uses on an individual lot shall not exceed eight (8.0) times the gross lot area. Except as modified in section 607.7.2 below: 1. The maximum floor area ratio for all residential uses on an individual lot shall not exceed six (6.0) times the gross lot area. 2. The maximum floor area ratio for all nonresidential uses on an individual lot shall not exceed two and twenty-five hundredths (2.25) times the gross lot area. 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: 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: 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-se„en writs ($a a" twelve dollars and forty cents ($12.40) 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. 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 square footage and/or onsite parking spaces may be approved for parcels located within any zoning district other than R-1, R-2, SD-5, SD-7 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: City of Miami Page 4 of 5 File Id: 03-0298 (Version: 3) Printed On: 8/29/2016 File Number: 03-0298 Enactment Number: 12486 (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 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 d' ars and sixty-se„en cents ($a a" twelve dollars and forty cents ($12.40) to the Affordable Housing Trust Fund administered by the City of Miami; and *II 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 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.{2} Footnotes: {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. {2} This Ordinance shall become effective as specified unless vetoed by the Mayor within ten 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, whichever is later. City of Miami Page 5 of 5 File Id: 03-0298 (Version: 3) Printed On: 8/29/2016