HomeMy WebLinkAboutSR LegislationJ-03-918
12/03/03
ORDINANCE NO.
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 5 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.
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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:
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
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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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 either.
Q. A a nonrefundable developer contribution of
twelve dollars and forty cents ($12.40) to
the Affordable Housing Trust Fund
administered by the City of Miami; or
Dolrcloper 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
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
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compliance when pr vidcd no (1) f the foll wing has
ccurrcd. a) C nstructi n cf new aff rdablc h using has
begun; r b) a certified check to the Affordable Housing
Trust Fund has been deposited with the City of Miami.
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Sec. 606. SD-6, SD-6.1 Central Commercial Residential
Districts.
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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, lifor every oix
dollars and sixty ocvcn cents ($5,G7) 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
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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.
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Sec. 607.7. Floor area limitations.
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Floor area limitations for SD-7 shall be as follows,
subject to the limitations and requirements of sections
903.1 and 903.2:
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.
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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:
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 cix dollarc and sixty Devon cents-
($6.67) 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.
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Sec. 914. Increased development bonus.
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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 onoitc parking cpacco 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:
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(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 sic dollars and
sixty coven cents (;6.67) twelve dollars and forty cents
($12.40) to the Affordable Housing Trust Fund administered
by the City of Miami; and
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* * If
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
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(30) days after final reading and adoption.
PASSED ON FIRST READING BY TITLE ONLY this
December , 2003.
l8th day of
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY this
day of , 2003.
MANUEL A. DIAZ, MAYOR
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
ALEJANDRO VILARELLO
CITY ATTORNEY
W1562:GKW:et
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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.
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