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Ordinance: 13436
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-01348zt Final Action Date: 2/27/2014
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO.
13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING SECTION 3.15, ENTITLED, "AFFORDABLE HOUSING SPECIAL
BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS", TO MODIFY THE
APPLICABILITY CRITERIA TO INCLUDE DEVELOPMENTS THAT PROVIDE
MIXED -INCOME IN THE RESIDENTIAL DENSITY INCREASE AREAS; CONTAINING
A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
November 20, 2013, following an advertised public hearing, adopted Resolution No. PZAB-R-13-060
by a vote of eight to zero (8-0), item no. 2, recommending APPROVAL of the amendments as set
forth; and
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114 the Miami
21 Code ("Miami 21 Code"), as the Zoning Ordinance of the City of Miami, Florida; and
WHEREAS, on May 12, 2011, the City Commission adopted Section 3.15 of the Miami 21
Code to facilitate affordable housing development by modifying architectural and design
standards; and
WHEREAS, the majority of existing and proposed affordable housing development are
located in neighborhoods that are removed from the major employment centers of the urban core
of the City of Miami ("City"); and
WHEREAS, the progressive thinking in affordable housing nationally is to favor mixed -income
development; and
WHEREAS, the City Commission is desirous of encouraging the inclusion of affordable housing
within the urban core in buildings serving a range of incomes that include market rate components;
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 and its citizens to amend the
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 No. 13114, the Zoning Ordinance of the City of Miami, Florida, is
City of Miami
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File Number: 13-01348zt Enactment Number: 13436
hereby amended by making modifications to Article 3 in the following particulars: {1}
"ARTICLE 3. GENERAL TO ZONES
3.15 AFFORDABLE HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS
* * *
3.15.1 As a pre -requisite to qualify as an Affordable Housing Development eligible 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; or that the proposed
Development is a mixed -income building providing at least forty percent (40%) of the
units as Affordable Housing serving residents at or below sixty percent (60%) of AMI or
providing at least twenty percent (20%) of the units as Affordable Housing serving
residents at or below fifty percent (50%) of AMI, is not restricted to elderly residents,
and is located within a Residential Density Increase Area as set forth in Article 4,
Diagram 9 of the Miami 21 Code;
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.
3.15.4 Parking requirements for the Affordable Housing special benefit program those units that
qualify as Affordable Housing may be reduced as stated below. The parking reductions may be
cumulative; however in no event shall parking be reduced by more than 65% of the spaces required.
*11
Section 3. If any section, part of a section, paragraph, clause, phrase or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. It is the intention of the City Commission that the provisions of this Ordinance shall
become and be made a part of the Zoning Ordinance of the City of Miami, Florida, which
provisions may be renumbered or relettered and that the word "ordinance" may be changed to
"section", "article", or other appropriate word to accomplish such intention.
Section 5. This Ordinance shall become effective 30 days after final reading and adoption
thereof. {2}
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File Number: 13-01348zt Enactment Number: 13436
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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