HomeMy WebLinkAboutO-14328City of Miami
Ordinance 14328
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16224 Final Action Date: 10/24/2024
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY AMENDING ARTICLE 3, TITLED "GENERAL TO
ZONES," TO EXPAND THE AFFORDABLE HOUSING TRANSFER OF
DEVELOPMENT DENSITY PROGRAM TO INCLUDE OPPORTUNITY ZONES
AND TO PROVIDE OTHER MINOR CLARIFICATIONS; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
SPONSOR(S): Commissioner Miguel Angel Gabela
WHEREAS, on October 22, 2009, Ordinance No. 13114 was adopted as the Zoning
Ordinance of the City of Miami, which has been amended from time to time ("Miami 21 Code");
and
WHEREAS, the Interpretation of the Future Land Use Map of the Miami Comprehensive
Neighborhood Plan ("MCNP") allows maximum residential density to be increased by up to one
hundred percent (100%), subject to the detailed provisions of the applicable land development
regulations and the maintenance of required levels of service for facilities and services included
in the City's adopted concurrency management requirements for the following future land use
designations: Low Density Multifamily Residential; Low Density Restricted Commercial; Medium
Density Multifamily Residential; Medium Density Restricted Commercial; High Density
Multifamily Residential; Restricted Commercial; General Commercial; Industrial; Central
Business District; and Major Institutional, Public Facilities; Transportation, and Utilities; and
WHEREAS, Article 2, Section 2.1.3.1(h) of the Miami 21 Code lists Affordable and
Workforce Housing distribution throughout the City of Miami ("City") as a Guiding Principle; and
WHEREAS, on or about February 23, 2017, modifications to Article 3, Section 3.15 of
the Miami 21 Code were adopted by the City Commission that provided density bonuses for
Mixed -Income Housing Developments; and
WHEREAS, on July 28, 2022, Ordinance No. 14083 was adopted, amending Article
3.15.6 to establish an affordable housing transfer of development density program; and
WHEREAS, since the adoption of these modifications, the Planning Department has
analyzed submitted projects that have taken advantage of the provisions of Article 3, Section
3.15 of the Miami 21 Code; and
WHEREAS, the Planning Department has identified additional opportunities for
incentives that may encourage the development of additional Attainable Mixed -Income Housing
Developments and benefit Attainable Mixed -Income Housing Developments currently seeking
approvals; and
WHEREAS, these incentive opportunities would allow Attainable Mixed -Income Housing
City of Miami Page 1 of 4 File ID: 16224 (Revision:) Printed On: 11/8/2024
File ID: 16224 Enactment Number: 14328
developments within Opportunity Zones to transfer unused as -of -right density to receiving sites
within Transit Oriented Development ("TOD") and Transit Corridor areas at market rate value;
and
WHEREAS, additional revenue will be generated for the City's Affordable Housing Trust
Fund through contributions received from the sale of density off -site; and
WHEREAS, in early 2018, governors were asked to identify 25% of their state's eligible
census tracts as Eligible Opportunity Zones; and
WHEREAS, to stimulate private participation, the program allows investors to defer
federal taxes by taking capital gains from other investments and investing in a Qualified
Opportunity Fund and in turn, Qualified Opportunity Funds must invest at least 90% of their
assets in businesses or property located within eligible areas; and
WHEREAS, to further incentivize Attainable Mixed -Income Housing development there
is a need to add Opportunity Zones to the Attainable Mixed -Income Housing Transfer of
Development Density Program; and
WHEREAS, the amendment meets the intent of Policy LU-1.3.2, Policy LU-1.3.6, and
Policy LU-1.3.7 to incentivize redevelopment in Opportunity Zones; and
WHEREAS, the amendment also seeks to limit the potential sale of unused density to
the equivalent of units actually constructed within the qualifying Attainable Mixed -Income
Housing development; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on June
18, 2024, following an advertised public hearing, adopted Resolution No. PZAB-R-24-044 by a
vote of seven to zero (7-0), PZAB Item No.15, recommending approval of the Zoning Text
Amendment; and
WHEREAS, consideration has been given to the need and justification for the proposed
text amendment, including changed or changing conditions that make the passage of the
proposed text amendment necessary; and
WHEREAS, consideration has been given to the relationship of the proposed text
amendment to the goals, objectives, and policies of the MCNP, the Miami 21 Code, and other
City regulations;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted and incorporated as if fully set forth in this Section.
Section 2. Article 3 of the Miami 21 Code is hereby amended in the following
particulars:'
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 an unchanged material.
City of Miami Page 2 of 4 File ID: 16224 (Revision:) Printed on: 11/8/2024
File ID: 16224 Enactment Number: 14328
"ARTICLE 3. GENERAL TO ZONES
3.15 AFFORDABLE AND ATTAINABLE MIXED -INCOME HOUSING SPECIAL BENEFIT
PROGRAM SUPPLEMENTAL REGULATIONS
3.15.6
In addition to the Development incentives listed above, Affordable Housing and Attainable
Mixed -Income Housing projects shall be afforded Density bonuses as follows:
a. Any Development that meets all the required criteria in Subsection 3.15.2 and provides a
minimum of ten percent (10%) of the Dwelling Units as Extremely Low Income as
defined herein shall be provided a one hundred percent (100%) Density bonus. The
Development after the Density bonus shall maintain the affordable and workforce
housing mix described in 3.15.2 (a) or 3.15.2 (b), whichever is appliable, and shall
provide ten percent (10%) of the Dwelling Units as Extremely Low Income Housing for
the entire Development.
b. Any Development that meets all the required criteria in Subsection 3.15.2 and provides a
minimum of five percent (5%) of the Dwelling Units as Extremely Low Income as defined
herein shall be provided a fifty percent (50%) Density bonus for rental Development or a
one hundred percent (100%) Density bonus for Development that is entirely comprised
of homeownership units. The Development after the Density bonus shall maintain the
affordable and workforce housing mix described in 3.15.2 (a) or 3.15.2 (b), whichever is
appliable, and shall provide five percent (5%) of the Dwelling Units as Extremely Low
Income Housing for the entire Development.
c. Any Affordable Housing Development that is entirely comprised of Dwelling Units that
are Housing for the Elderly serving residents at or below sixty percent (60%) of Area
Median Income (AMI) shall be provided a one hundred percent (100%) Density bonus.
Developments that meet these criteria may be developed in accordance with Subsection
3.15.4 By Right.
d. Affordable and Attainable Mixed -Income Housing Transfer of Development Density
Program.
A Development shall be eligible to sell excess as -of -right density permittcd within the
underlining Transect Zone up to one unit of density for each unit within a qualifying
Attainable Mixed -Income Housing development provided the development satisfies all of
the following:
i. Meets the criteria in Subsection 3.15.2;
ii. Includes a minimum 200 Attainable Mixed -Income Housing units; and
iii. Located within a Community Redevelopment Area (CRA) or Opportunity Zone.
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File ID: 16224 Enactment Number: 14328
In such cases, the City shall permit the owner, or successor in interest, to transfer the
difference between the number of to be constructed Affordable/Attainable Housing units
at the eligible property and the as -of -right density of the property. Eligible off -site
properties may receive up to fifty percent (50%) increase above allowable Density. The
City shall permit the density transfer without requiring provision of Workforce Housing or
Affordable Housing at the receiving property.
For purposes of this section, an eligible receiving site shall mean any property that
satisfies all the following:
i. Located within a T5, T6, or CI -HD Transect Zone;
ii. Located within a Transit Oriented Development area or Transit Corridor; and
iii. Eligible to increase its Density by being consistent with the Interpretation of the
Future Land Use Map of the Miami Comprehensive Neighborhood Plan (MCNP).
Upon the City's issuance of a building permit for construction of an Affordable/Attainable
project qualifying under this section, the City's Zoning Administrator, or designee, shall
issue a Certificate of Eligibility confirming that the Owner is entitled to sell the unused
density to an eligible receiving property. The City's Zoning Administrator shall be notified
of each transfer of density and the Zoning Administrator shall issue a Certificate of
Transfer confirming the sale of the units and the balance of units eligible to be
transferred after each transfer transaction, to be recorded in the public records of Miami -
Dade County.
A percentage of proceeds of each transfer shall be contributed to the City's Affordable
Housing Trust Fund or to the applicable CRA for implementation of the CRA master
plan. A final contribution amount of between fifteen to twenty-five percent (15% - 25%) of
the proceeds shall be negotiated and determined by the City Manager or designee.
*„
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. This Ordinance shall become effective ten (10) days after approval at second
reading.2
APPROVED AS TO FORM AND CORRECTNESS:
rge Wyy ng III, C ty ttor -y 7/16/2024
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
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
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