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Home My WebLink AboutPZAB 03-05-14 Supporting DocsFile ID: Title: Applicant(s): Purpose: PZAB.15 PLANNING, ZONING AND APPEALS BOARD FACT SHEET 14-00109zt Quasi -Judicial A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION TO AMMEND ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, AS AMENDED, SPECIFICALLY BY AMENDING SECTION 3.15, ENTITLED, "AFFORDABLE HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS" TO MODIFY REGULATIONS OF ARCHITECTURAL AND DESIGN STANDARDS REQUIREMENTS IN CERTAIN TRANSECT ZONES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Johnny Martinez, City Manager, on behalf of the City of Miami 3500 Pan American Drive Miami, FL 33133 (305) 250-5400 This will modify regulations of architectural and design standards requirements of the Affordable Housing Special Benefit Program to only allow such development by Warrant. Planning and Zoning Department Recommendation: Recommended approval. Analysis: See supporting documentation. Planning, Zoning and Appeals Board: March 5, 2014 City of Miami Legislation PZAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14-00109zt 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 TO AMMEND ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, AS AMENDED, SPECIFICALLY BY AMENDING SECTION 3.15, ENTITLED, "AFFORDABLE HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS" TO MODIFY REGULATIONS OF ARCHITECTURAL AND DESIGN STANDARDS REQUIREMENTS IN CERTAIN TRANSECT ZONES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Citywide APPLICANT(S): Johnny Martinez, P.E., City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will modify regulations of architectural and design standards requirements of the Affordable Housing Special Benefit Program to only allow such development by Warrant. WHEREAS, it has been determined that incentives are necessary to facilitate affordable housing in the City of Miami; and WHEREAS, several amendments have been approved by the City Commission to incentivize affordable housing in the City; and WHEREAS, development under Section 3.16 of the Miami 21 Code shall be reviewed as part of a Warrant process to ensure the quality of development is appropriate and fits within the City's context; 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 Article 3 of the Code of City of Miami Page 1 of 4 File Id: 14-00109zt (Version: 1) Printed On: 2/25/2014 File Number: 14-00109zt the City of Miami, Florida, as amended, in the following particulars: {1} "ARTICLE 3. 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 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 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; 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-, subject to a Warrant: 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; City of Miami Page 2 of 4 File Id: 14-00109zt (Version: 1) Printed On: 2/25/2014 File Number. 14-00109zt 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). g. Setback requirements above the eighth floor may be modified by Waiver for Development in T6 Zones. *II 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. 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 upon its adoption and signature of the Mayor. {2} APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ CITY ATTORNEY Footnotes: City of Miami Page 3 of 4 File Id: 14-00109zt (Version: 1) Printed On: 2/25/2014 File Number: 14-00109zt {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 4 of 4 File Id: 14-00109zt (Version: 1) Printed On: 2/25/2014