HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 1677
Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, AS AMENDED, SPECIFICALLY BY AMENDING ARTICLE 1,
SECTION 1.2, ENTITLED "DEFINITIONS OF TERMS", TO ADD A
DEFINITION FOR ATTAINABLE WORKFORCE HOUSING; AND BY
AMENDING ARTICLE 3, CREATING A NEW SECTION 3.16, ENTITLED
"WORKFORCE HOUSING SPECIAL BENEFIT PROGRAM
SUPPLEMENTAL REGULATIONS", TO ADD INCENTIVES FOR THE
DEVELOPMENT OF PROJECTS PROVIDING HOUSING ENTIRELY
FOR WORKFORCE POPULATIONS ABOVE SIXTY PERCENT (60%) OF
THE AREA MEDIAN INCOME ("AMI") AND AT OR BELOW ONE
HUNDRED FORTY PERCENT (140%) OF THE AMI AS ESTABLISHED
BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT; CONTAINING A SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE.
APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami
PURPOSE: This will amend Article 1 of Miami 21 by adding a definition for Attainable
Workforce Housing, and Article 3 of Miami 21 by adding Article 3, Section 3.16, to provide
incentives for housing projects fully comprised of Workforce Housing units.
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: Recommended approval on January 18, 2017,
by a vote of 10-0.
City of Miami File ID: 1677 (Revision:) Printed On: 1/17/2025
City of Miami
Legislation
Ordinance
Enactment Number:13672
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 1677 Final Action Date: 3/23/2017
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, AS AMENDED, SPECIFICALLY BY AMENDING ARTICLE 1,
SECTION 1.2, ENTITLED "DEFINITIONS OF TERMS", TO ADD A
DEFINITION FOR ATTAINABLE WORKFORCE HOUSING; AND BY
AMENDING ARTICLE 3, CREATING A NEW SECTION 3.16, ENTITLED
"WORKFORCE HOUSING SPECIAL BENEFIT PROGRAM
SUPPLEMENTAL REGULATIONS", TO ADD INCENTIVES FOR THE
DEVELOPMENT OF PROJECTS PROVIDING HOUSING ENTIRELY FOR
WORKFORCE POPULATIONS ABOVE SIXTY PERCENT (60%) OF THE
AREA MEDIAN INCOME ("AMI") AND AT OR BELOW ONE HUNDRED
FORTY PERCENT (140%) OF THE AMI AS ESTABLISHED BY THE
UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT; CONTAINING A SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on October 22, 2009, Ordinance No. 13114, the Zoning Ordinance of the
City of Miami, Florida, was adopted as the City of Miami's ("City") Zoning Ordinance ("Miami 21
Code"); and
WHEREAS, the National Low Income Housing Coalition found that a full-time employee
earning minimum wage cannot afford to rent a one -bedroom unit at fair market rent in most of
the United States of America; and
WHEREAS, the Miami 21 Code codifies several development incentives for Affordable
Housing Projects; and
WHEREAS, the share of renters paying more than thirty percent (30%) of their income
for rent has more than doubled from twenty-four percent (24%) to forty-nine percent (49%) since
1960 while real household income has increased by only eighteen percent (18%) and inflation -
adjusted rents rose by sixty-four percent (64%) during that same time frame, according to
Enterprise Community Partners Inc., the Joint Center for Housing Studies of Harvard and the
US Census Bureau as reported by the White House Affordable Housing Toolkit; and
WHEREAS, according to the New York University Furman Center, fifty-four percent
(54%) of renters in the low to middle income bracket were severely rent burdened, capable of
renting only fifteen percent (15%) of rental units recently added to the market; and
WHEREAS, the Affordable Housing Projects currently incentivized by the Miami 21
Code tend to serve residents at or below sixty percent (60%) of the Area Median Income
("AMI"), which fails to encapsulate those residents between sixty percent (60%) of the AMI and
City of Miami File ID: 1677 (Revision:) Printed On: 1/17/2025
one hundred forty percent (140%) of the AMI, newly defined by the Miami 21 Code as Attainable
Workforce Housing; and
WHEREAS, a vibrant cross section of our residents would benefit from additional
Workforce Housing options, including critical members of our community, such as our health
care providers, teachers, police officers and firefighters, as well as citizens with limited incomes
who do not qualify for subsidies, especially senior citizens; and
WHEREAS, the Miami 21 Code, Article 2, Section 2.1.3.1(h) lists distributed Affordable
and Workforce Housing as a guiding principle of the City; and
WHEREAS, failing to address such a wide range of AMI may inhibit the creation of
economically diverse neighborhoods; and
WHEREAS, targeted incentives directed at the Workforce Housing range of the AMI may
produce projects entirely comprised of an underserved AMI category; and
WHEREAS, it has been determined that adding a definition for Attainable Workforce
Housing and adding Article 3, Section 3.16 will assist in encouraging distributed Workforce
Housing Development; and
WHEREAS, the Planning, Zoning, and Appeals Board ("PZAB"), at its meeting of
January 18, 2017, considered Item No. PZAB.7, following an advertised hearing, and adopted
Resolution No. PZAB-R-17-005 by a vote of ten to zero (10-0), recommending approval of this
item to the City Commission; 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
Miami 21 Code 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 Miami 21 Code is hereby amended by making modifications to Article 1
in the following particulars:1
"ARTICLE 1. DEFINITIONS
1.2 DEFINITION OF TERMS
Attainable Workforce Housing: Attainable Workforce Housing shall mean a Development
completely comprised of Workforce Housing, servicing multiple income ranges between 60% of
the Area Median Income and 140% of the Area Median Income, as described in Section 3.16 of
this Code.
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.
City of Miami File ID: 1677 (Revision:) Printed On: 1/17/2025
*„
Section 3. The Miami 21 Code further amended by making modifications to Article 3 in
the following particulars:1
"ARTICLE 3. GENERAL TO ZONES
3.16 WORKFORCE HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL
REGULATIONS
3.16.1 As a pre -requisite to qualify as an Attainable Workforce Housing Development
eligible for any of the special benefits described in Section 3.16, an applicant shall
submit to the Office of Zoning:
a. Certification by the City's Community and Economic Development
Department that the proposed Development will provide a minimum of
twenty-five percent (25%) of the Dwelling Units as Workforce Housing serving
residents above sixty percent (60%) of the area median income ("AMI") and
at or below eighty percent (80%) of the AMI as published by the United
States Department of Housing and Urban Development ("HUD") annually;
that the proposed Development will provide a minimum of fifty percent (50%)
of the Dwelling Units as Workforce Housing serving residents above eighty
percent (80%) of the AMI and at or below one -hundred -twenty percent
(120%) of the AMI as published by HUD annually; and the proposed
Development will provide the remaining Dwelling Units as Workforce Housing
serving residents above sixty percent (60%) of the AMI and at or below one -
hundred -forty percent (140%) of the AMI as published by HUD annually;
b. Verification that the proposed Development is within a quarter (1/4) mile from a
Transit Corridor or a half ('/2) mile from a Transit Oriented Development
("TOD"); and
c. A recorded covenant running with the land, in a form acceptable to the City
Attorney, requiring the property 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
temporary or final Certificate of Occupancy, whichever is issued first.
3.16.2 Attainable Workforce Housing Developments that Abut a T3 Zone are not eligible
for the provisions in Section 3.16. Attainable Workforce Housing Developments that abut
a T4 Zone shall require a Warrant for consideration under Section 3.16.
3.16.3 Notwithstanding any conflicting provisions elsewhere in this Code, Attainable
Workforce Housing Developments may be developed in accordance with the following,
subject to a Warrant:
a. Height
City of Miami File ID: 1677 (Revision:) Printed On: 1/17/2025
1. T5: Maximum building height of seventy-five (75) feet with no limitation on the
number of Stories;
2. T6-8: Maximum building height of one hundred twenty-five (125) feet with no
limitation on the number of Stories;
3. T6-12: Maximum building height of two hundred forty (240) feet with no
limitation on the number of Stories;
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 the Planning Department.
c. Pedestrian or Vehicular Cross Block Passages shall not be required.
d. Developments 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. Developments shall not be subject to maximum Lot Area requirements.
f. Developments in T6 Zones shall be exempt from complying with the requirements
contained in Sections 5.6.1(h) and 5.6.2(b).
q. Setback requirements above the eighth floor may be modified for Developments in T6
Zones.
3.16.4 Parking requirements for those units that qualify as Attainable Workforce Housing
may be reduced as stated below. The parking reductions below may be cumulative;
however, in no event shall parking be reduced by more than eighty percent (80%) of the
spaces required.
a. A thirty-five percent (35%) reduction in required parking is permitted by Right.
b. Within a TOD, an additional reduction of fifteen percent (15%) of required parking is
permitted by Right and an additional reduction of fifteen percent (15%) of required
parking is permitted for Attainable Workforce Housing Projects by Waiver.
c. An additional reduction of up to fifteen percent (15%) of required parking may be
permitted by Warrant, upon a showing that the reduction in off-street parking is justified
in view of the nature and type of prospective occupancy and the economic
circumstances involved, and that the impacts from such reduction are not likely to unduly
burden traffic and parking facilities in the neighborhood.
d. Attainable Workforce Housing Developments whose parking has been reduced under
the terms set forth in Section 3.16 will continue to operate under the recorded covenant
described in Subsection 3.16.1(c), until parking requirements applicable at the time of
release are met.
City of Miami File ID: 1677 (Revision:) Printed On: 1/17/2025
*„
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 Miami 21 Code, 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 thirty (30) days after final reading
and adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
end" ez, Ci[y Httor ey 2/13/2017
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 File ID: 1677 (Revision:) Printed On: 1/17/2025