HomeMy WebLinkAboutO-13265City of Miami
Legislation
Ordinance: 13265
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00022zt Final Action Date: 5/12/2011
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, after an amended motion, the City Commission directed the Planning Department to
review projects built pursuant to this legislation at the following time periods after Certificates of
Occupancy have been issued: at the three (3) month mark; at the six (6) month mark; at the one (1)
year mark; at the two (2) year mark; and at the three (3) year mark, and to report back to the City
Commission regarding any adverse effects caused on parking; 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.
City of Miami
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DEFINITIONS
1.2 DEFINITIONS OF TERMS.
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 3.14.
Transit Oriented Development (TOD): A designation established by the City in order to support
and promote the use of public transit, involving an area af-not exceeding a approximately one-half
(1/2) mile radius, with 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.
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
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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) 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.
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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 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.
ARTICLE 7.
PROCEDURES AND NONCONFORMITIES
*
7.1 PROCEDURES.
*
7.1.1.5 CITY COMMISSION.
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
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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
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.
*I1
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.
Mayor. {2}
This Ordinance shall become effective upon its adoption and signature of the
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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