HomeMy WebLinkAboutPZAB 11-20-13 Supporting DocumentsPZAB.2
PLANNING, ZONING AND APPEALS BOARD
FACT SHEET
File ID: 13-01348zt Quasi -Judicial
Title: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS
BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF
THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING SECTION
3.15 "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,
Applicant(s):
Purpose:
Johnny Martinez, City Manager, on behalf of the City of Miami
3500 Pan American Drive
Miami, FL 33133
(305) 250-5400
This will add mixed -income development (both market rate and affordable
housing) to the applicability criteria in Section 3.15 so mixed -income
development can take advantage of the Affordable Housing Special Benefit
Program, which includes relaxations of regulations such as setbacks, height,
parking placement and other architectural and design features.
Planning and Zoning
Department
Recommendation: Approval.
Analysis: See supporting documentation.
Planning, Zoning and
Appeals Board: November 20, 2013
City of Miami
Legislation
PZAB Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-01348zt Final Action Date:
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI
CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, BY AMENDING SECTION 3.15
"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.
APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami
FINDINGS:
PLANNING AND ZONING DEPARTMENT: Recommends approval.
PURPOSE: This will add mixed -income development (both market rate and affordable
housing) to the applicability criteria in Section 3.15 so mixed -income development can
take advantage of the Affordable Housing Special Benefit Program, which includes
relaxations of regulations such as setbacks, height, parking placement and other
architectural and design features.
WHEREAS, the Miami Planning Zoning and Appeals (PZAB) considered this item at its
November 20, 2013 meeting, Item No. PZAB., adopting Resolution No. PZAB by a vote of
to ( _), and has recommended the adoption of this item to the City of Miami City
Commission; and
WHEREAS, on October 22, 2009, the City Commission adopted the Miami 21 Code ("Code"),
Ord. 13114 as the City of Miami's Zoning Ordinance; 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;
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; 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
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File Number: 13-01348zt
components.
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 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 13114, the Zoning Ordinance of the City of Miami, Florida, is 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 Development is a
mixed -income building providing at least fifty (50%) of the units as Affordable Housing
not restricted to elderly residents and is located within a Residential Density Increase
Area;
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
w"
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
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"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}
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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