HomeMy WebLinkAboutPZAB (16188) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-24-044
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 16188 Date Rendered: 6/24/2024
A RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD
RECOMMENDING APPROVAL OF 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.
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
Date Rendered: 6/24/2024
City of Miami Page 1 of 5 File ID: 16188 (Revision:) Printed On: 6/24/2024
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 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 proposed 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 current legislation 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, 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 RESOLVED BY THE MIAMI PLANNING, ZONING
AND APPEALS BOARD:
Section 1. The recitals and findings contained in the Preamble to this Resolution
are adopted 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 hereby amended by making modifications to Article 3 in the following
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particulars':
"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 permitted 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
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.
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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.
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 ems -issuance of a building permit for construction of an Affordable/Attainable
project within the City of Miami 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
Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected.
Section 4. This Resolution shall become effective immediately upon its adoption.
Reviewed and Approved:
City of Miami Page 4 of 5 File ID: 16188 (Revision:) Printed On: 6/24/2024
David Snow
City of Miami Page 5 of 5 File ID: 16188 (Revision:) Printed On: 6/24/2024