HomeMy WebLinkAboutAffordable HousingPZAB.8
PLANNING, ZONING AND APPEALS BOARD
FACT SHEET
File ID: 11-00022zt
Title: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND
APPEALS BOARD RECOMMENDING APPROVAL TO THE MIAMI
CITY COMMISSION TO AMEND ORDINANCE NO. 13114, THE
MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, SPECIFICALLY BY AMENDING
ARTICLE 1. "DEFINITIONS," ARTICLE 3. "GENERAL TO ZONES,"
AND ARTICLE 7. "PROCEDURES AND NONCONFORMITIES" TO
FACILITATE DEVELOPMENT OF AFFORDABLE HOUSING BY
PROVIDING INCENTIVES INCLUDING MODIFICATIONS OF
ARCHITECTURAL AND DESIGN STANDARDS AND PARKING
REDUCTIONS IN CERTAIN TRANSECT ZONES; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
Location:
Applicant(s):
Purpose:
Citywide
Tony E. Crapp Jr. City Manager, on behalf of the City of Miami.
This will facilitate development of affordable housing by providing
incentives including modifications of architectural and design
standards and parking reductions in certain transect zones.
Finding(s):
Planning Department: Recommends Approval.
Analysis: See supporting documentation.
Planning, Zoning and
Appeals Board: January, 19th 2010
City of Miami
Legislation
PZAB Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00022zt Final Action Date:
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
RECOMMENDING APPROVAL OR DENIAL TO THE MIAMI CITY COMMISSION
TO AMEND ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, SPECIFICALLY
BY AMENDING ARTICLE 1. "DEFINITIONS," ARTICLE 3. "GENERAL TO ZONES,"
AND ARTICLE 7. "PROCEDURES AND NONCONFORMITIES" TO FACILITATE
DEVELOPMENT OF AFFORDABLE HOUSING BY PROVIDING INCENTIVES
INCLUDING MODIFICATIONS OF ARCHITECTURAL AND DESIGN STANDARDS
AND PARKING REDUCTIONS IN CERTAIN TRANSECT ZONES; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
APPLICANT(S): Tony E. Crapp, Jr., City Manager, on behalf of the City of Miami
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PURPOSE: This will facilitate development of affordable housing by providing
incentives including modifications of architectural and design standards and parking
reductions in certain transect zones.
WHEREAS, on October 22, 2009, the City Commission adopted the Miami 21 Code
("Code"), Ord. 13114; and
WHEREAS, it has been determined that incentives are necessary to facilitate affordable
housing in the City of Miami; 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 citizens to
amend its Zoning Ordinance 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 13114, the Zoning Ordinance of the City of Miami, Florida, is hereby
amended by making modifications to Article 1, Article 3, and Article 7 of the Code in the
following particulars, {1}:
City of Miami Page 1 of 6
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"ARTICLE 1. DEFINITIONS
1.2 DEFINITIONS OF TERMS
Affordable / Workforce Housing: Housing priced up to 120% of the area median income
(AMI) Aas cstablished certified by the City's Community Development Department. See Article
3, Section 3.1 /I .
Transit Oriented Development (TOD): A designation established by the City in ordcr to
support and promote the use of public transit, involving an area enot exceeding a three-quarter
(3/4) approximately one half (1/2) mile radius; 444 from a convergence of modes of transit, or a
train station.
*
ARTICLE 3. GENERAL TO ZONES
3.13 SUSTAINABILITY
3.13.1 General
c. Affordable Housing Developments that qualify under Section 3.15, may elect to
comply with the sustainability requirements promulgated by the Florida Housing
Finance Corporation, or its successor agency, in lieu of the requirements set forth in
Section 3.13.1.b above.
e d. The preservation of Natural Features of land such as trees, vegetation,
geological, and other characteristics and the preservation of features of
archaeological significance are declared to be in the public interest. Said
preservation may justify the relaxation of Setbacks or required Off-street Parking by
Waiver. The Zoning Administrator shall determine that the trees, vegetation,
geological and other natural characteristic, or archaeological features are in the
Buildable Area of the Site and not in Setback areas required for the development of
the site.
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3.15 AFFORDABLE HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL
REGULATIONS
The intent of the Affordable Housing special benefit program established in this section is to
facilitate the development of high quality Affordable Housing in the City by providing
development incentives, including, but not limited to, modifications of architectural/design
standards and parking reductions.
3.15.1 As a pre -requisite to qualify for any of the special benefits described in Section 3.15, an
applicant shall submit to the Office of Zoning:
a. Certification by the City's Community Development Department that the
proposed Development will provide a minimum of eighty percent (80%) of the
Dwelling Units (Multi -family or Elderly) as Affordable Housing serving residents
at or below sixty percent (60%) of the area median income (AMI);
b. A recorded covenant running with the land acceptable to the City of Miami ,
confirming the property will meet the criteria in subsection (a) above for a period
of no less than fifteen (15) years from the issuance of a final Certificate of
Occupancy.
3.15.2 Affordable Housing Developments that abut a T3 Zone are not eligible for the provisions
in Section 3.15. Affordable Housing Developments that abut a T4 Zone shall require a Warrant
for consideration under Section 3.15.
3.15.3 In place of any conflicting provisions elsewhere in this Code, Affordable Housing
Developments may be developed in accordance with the following:
a. Height
1. T5: Maximum building height of 75 feet with no limitation on the number of
Stories:
2. T6-8: Maximum building height of 125 feet with no limitation on the
number of Stories;
3. T6-12: Maximum building height of 240 feet with no limitation on the number
of Stories:
b. Parking may extend into the Second Layer above the first Story along all
Frontages. The Fagade of a parking garage that is not concealed behind a
Habitable Liner shall be screened to conceal from view all internal elements
including, but not limited to, vehicles, plumbing pipes, fans, ducts and all lighting.
The size, location, and materials for such screening elements shall be reviewed
by Waiver with referral to the Planning Department.
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c. Pedestrian or Vehicular Cross Block Passages shall not be required.
d. Development Abutting two (2) or more Thoroughfares shall have only one (1)
Principal Frontage and shall not be subject to the minimum Principal Frontage
Line requirement. Determination of which Frontage is to serve as the Principal
Frontage shall be made by the Planning Director upon request by the Zoning
Administrator.
e. Development shall not be subject to maximum Lot Area requirements.
f. Development in T6 Zones shall be exempt from complying with the requirements
contained in Sections 5.6.1 (h) and 5.6.2 (b).
3.15.4 Parking requirements for the Affordable Housing special benefit program may be
reduced as stated below. The parking reductions below may be cumulative; however in no
event shall parking be reduced by more than sixty-five percent (65%) of the spaces required.
a. A thirty-five percent (35%) reduction in required parking is permitted.
b. Within a Transit Oriented Development (TOD), an additional reduction of thirty
percent (30%) of required parking is permitted.
c. Outside of a Transit Oriented Development (TOD), an additional reduction of up
to fifteen percent (15%) of required parking may be permitted by Warrant, upon
a showing that the reduction in off-street parking is justified in view of the nature
and type of prospective occupancy and the economic circumstances involved ,
and that the impacts from such reduction are not likely to unduly burden traffic
and parking facilities in the neighborhood.
d. Developments providing Housing for the Elderly may be reduced by Warrant to
provide a maximum of one (1) parking space per every two (2) Dwelling Units
provided as Elderly Housing, upon a showing that the reduction in off-street
parking is justified in view of the nature and type of prospective occupancy and
the economic circumstances involved, and that the impacts from such reduction
are not likely to unduly burden traffic and parking facilities in the neighborhood.
ARTICLE 7. PROCEDURES AND NONCONFORMITIES
7.1 Procedures
7.1.1.5 City Commission
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The City Commission, in addition to its duties and obligations under the City Charter, the City
Code, and other applicable law, shall have the following duties specifically in regard to the Miami
21 Code:
a. To approve, deny or approve with conditions applications for developments of
regional impact pursuant to Chapter 380, Florida Statutes.
b. To consider and act upon proposed amendments, including rezoning, to the
Miami 21 Code, after consideration of the recommendation by the Planning,
Zoning and Appeals Board.
c. To consider and act upon proposed Special Area Plans, after consideration of
the recommendation by the Planning, Zoning and Appeals Board.
d. To consider and act upon proposed amendments to the Comprehensive Plan
which relate to the Miami 21 Code, after consideration of the recommendation by
the Planning, Zoning and Appeals Board.
e. To hear appeals of the ruling of the Planning, Zoning and Appeals Board on the
appeal of a zoning interpretation, planning determination, Warrant, Variance or
Exception.
f. To consider and adopt ordinances, regulations and other proposals as it deems
appropriate for promoting orderly development within the areas of the city that
are regulated by the Miami 21 Code.
g. To establish a schedule of fees and charges for the applications made pursuant
to the Miami 21 Code.
h. To appoint members to the Planning, Zoning and Appeals Board, as set forward
in this Miami 21 Code.
i. To have original jurisdiction to hear applications for approvals requiring a public
hearing such as a Variance or Exception, or any appeals of any administrative
decision on a Waiver or Warrant application, or any other administrative
decision or determination made filed in connection with a proposed Affordable
Housing Development qualifying under Section 3.15.
7.1.2.8 Amendment to Miami 21 Code
TRANSECT FLR SUCCESSIONAL ZONE FLR
ZONE
D1 -- T6-8*, T5, CI, D2 5 (T6-8)* or --
City of Miami Page 5 of 6 File Id: 11-00022zt (Version: 1) Printed On: 1/10/2011
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(all others)
* (The successional Zone shall be determined by the Planning Department. The Planning
Department shall consider which Transect Zone will yield the most coherent pattern given
the established zoning pattern in the immediate vicinity).
Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in
conflict with the provisions of this Ordinance are hereby 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. It is the intention of the City Commission that the provisions of this Ordinance
shall become and be made a part of the Miami 21 Code of the City of Miami, Florida, which
provisions may be renumbered or reentered 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 upon its adoption and signature of the
Mayor. {2}
APPROVED AS TO FORM AND CORRECTNESS:
Julie O. Bru
CITY ATTORNEY
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 herein 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 herein, whichever is later.
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