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Home My WebLink AboutCC Legislation (Version 4)City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11-00022zt Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, SPECIFICALLY BY AMENDING ARTICLE 1, ENTITLED "DEFINITIONS," ARTICLE 3, ENTITLED "GENERAL TO ZONES," AND ARTICLE 7, ENTITLED "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. WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on January 19, 2011, following an advertised public hearing, adopted Resolution No. PZAB-R-11-006 by a vote of eight to • one (8-1), item no. 8, recommending APPROVAL with modifications to the City Commission; and WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114, the Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida ("Zoning Ordinance"); 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. The Zoning Ordinance is amended by making modifications to Articles 1, 3, and 7 of the Code of the City of Miami, Florida, as amended, in the following particulars: {1} "ARTICLE 1. DEFINITIONS 1.2 DEFINITIONS OF TERMS. City of Miami Page I of 5 File Id: II-00022zt (Version: 4) Printed On: 4/14/2011 File Number: 11-00022zt Affordable / Workforce Housing: Housing priced up to 120% of the area median income (AMI) Aas established certified by the City's Community Development Department. See Article 3, Section 3.1'l. Transit Oriented Development (TOD): A designation established by the City in order to support and promote the uce of public transit, involving an area of -not exceeding a approximately one-half (1/2) mile radius, with from a convergence of modes of transit, or a train station. GENERAL TO ZONES 3.13 SUSTAINABILITY. 3.13.1 GENERAL. * * * * * ARTICLE 3. 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. 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. * 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. City of Miami Page 2 of 5 File Id: 11-00022zt (Version: 4) Printed On: 4/14/2011 File Number: 11-00022zt 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 minimumof 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) as published by the United States Department of Housing and Urban Development annually; 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 thirty (30) years from the date of 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 Facade 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. 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 Parkinq 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 City of Miami Page 3 of 5 File Id: 11-00022zt (Version: 4) Printed On: 4/14/2011 File Number: 11-00022zt 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 fifteen percent (15%) of required parking is permitted. c. 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. Parking for development proposals 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. e. Affordable Housing Development whose parking has been reduced under the terms set forth in Section 3.15 will continue to operate under the recorded covenant described in Subsection 3.15.1.b, until parking requirements applicable at the time of release are met. PROCEDURES AND NONCONFORMITIES * 7.1 PROCEDURES. 7.1.1.5 CITY COMMISSION. ARTICLE 7. 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: * i. To hear appeals from the Planning and Zoning Appeals Board in connection with decisions on 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 in connection with a proposed Affordable Housing Development qualifying under Section 3.15. Such appeals shall be specially set for the first available City Commission hearing that is at least fifteen (15) days City of Miami Page 4 of 5 File Id: 11-00022zt (Version: 4) Printed On: 4/14/2011 File Number.: 11-00022zt after the Planning, Zoning and Appeals Board hearing. * 7.1.2.8AMENDMENTTO MIAMI 21 CODE. * Transect Zone FLR SUCCESSIONAL ZONE FLR D1 T6-8*, T5, CI, D2 5 (T6-8)* or -- (all others) * The Planning Department shall make a recommendation as to which Transect Zone will yield the most coherent pattern given the established zoning pattern and context in the immediate vicinity. * Section 3. 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 4. This Ordinance shall become effective upon its adoption and signature of the Mayor. {2} APPROVED AS TO FORM AND CORRECTNESS: JULIE 0. 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. City of Miami Page 5 of 5 File Id: 11-00022zt (Version: 4) Printed On: 4/14/2011