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HomeMy WebLinkAboutO-13729City of Miami Ordinance 13729 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 3108 Final Action Date: 12/14/2017 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, MORE SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.2, ENTITLED "DEFINITIONS OF TERMS," ARTICLE 4, TABLE 4, ENTITLED "DENSITY, INTENSITY AND PARKING," AND ARTICLE 6, TABLE 13, ENTITLED "SUPPLEMENTAL REGULATIONS," TO ESTABLISH THE MINIMUM SIZE FOR MICRO DWELLING UNITS WITHIN TRANSIT -ORIENTED DEVELOPMENT AREAS OF THE CITY OF MIAMI; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Mayor Francis X. Suarez, Commissioner Ken Russell WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114 as the City of Miami's ("City") Zoning Ordinance ("Miami 21 Code"); and WHEREAS, current zoning regulations within the City do not allow for dwelling units to be constructed with less than 400 square feet; and WHEREAS, the proposed amendments to the Miami 21 Code will establish dwelling units with less than 400 square feet, also known as Micro Dwelling Units, and support a shifting demographic of single -person households with a preference for smaller living spaces; and WHEREAS, Urban Land Institute ("ULI") studies indicate that Micro Dwelling Units have stronger occupancy rates than typical apartments and individuals choosing to live in Micro Dwelling Units are attracted to Micro Dwelling Units because of a desire to sacrifice space for lower per unit cost and proximity to transit, employment, and vibrant mixed -use neighborhoods; and WHEREAS, Micro Dwelling Units allow developers to fit more units in the same building area thus increasing the housing stock without the need for larger development projects; and WHEREAS, amending Article 4, Table 4 of the Miami 21 Code, entitled "Density, Intensity and Parking", will establish maximum parking permitted to support Micro Dwelling Unit developments; and WHEREAS, amending Article 6, Table 13 of the Miami 21 Code, entitled "Supplemental Regulations," will limit Micro Dwelling Unit developments to Transit Oriented Development ("TOD") areas; and WHEREAS, pursuant to the Miami Comprehensive Neighborhood Plan, Housing Element, Policy HO-1.1.9, the City's land development regulations encourage high -density residential developments and redevelopments in close proximity to Metrorail and Metromover stations; and City of Miami Page 1 of 5 File ID: 3108 (Revision: A) Printed On: 3/25/2025 File ID: 3108 Enactment Number: 13729 WHEREAS, pursuant to Section 2.1.3.2.b of the Miami 21 Code, a Guiding Principle is that Neighborhoods and Urban Centers should be compact, pedestrian -oriented, and Mixed - Use and Density and Intensity of Use should relate to the degree of transit service; and WHEREAS, the City recognizes growing demand for accessible housing options, including Micro Dwelling Unit concepts, incorporated in urban center and urban core TOD areas where there is significantly less reliance on automobiles and enhanced utilization of bicycle and transit facilities which connect to places of employment and other services; and WHEREAS, on November 1, 2017, the Planning, Zoning and Appeals Board ("PZAB") considered this matter at a duly noticed public hearing and adopted PZAB-R-17-085, recommending approval, with a modification, by a vote of 7-0; and WHEREAS, the PZAB recommended an additional amendment to the Miami 21 Code to allow Micro Dwelling Units abutting T3 Transect Zones within the NCD-2 Overlay; and WHEREAS, the Planning Department concurs with the recommendation of the PZAB but additional changes are required to other sections of the Miami 21 Code which will be submitted to the City Commission in the future; and WHEREAS, the City Commission conducted a public hearing on the proposed text amendment; and WHEREAS, the City Commission considered whether the proposed amendment will further the goals, objectives, and policies of the Miami Comprehensive Plan, the Miami 21 Code, and other City regulations; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA, AS FOLLOWS: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Article 1, Section 1.2 of the Miami 21 Code, entitled "Definition of Terms," is further amended in the following particulars:1 "ARTICLE 1. DEFINITIONS 1.2 DEFINITIONS OF TERMS Micro Dwelling Unit — A small Multi -Family Residential Dwelling Unit type that shall include sanitary facilities and kitchen facilities. See Article 6. Table 13. *11 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 Page 2 of 5 File ID: 3108 (Revision: A) Printed on: 3/25/2025 File ID: 3108 Enactment Number: 13729 Section 3. Article 4, Table 4 of the Miami 21 Code, entitled "Density, Intensity and Parking," is further amended in the following particulars:1 "ARTICLE 4. STANDARDS AND TABLES ARTICLE 4. TABLE 4 DENSITY, INTENSITY AND PARKING (CONTINUED) T5 — URBAN CENTER ZONE DENSITY (UPA) 65 UNITS PER ACRE 65 UNITS PER ACRE 65 UNITS PER ACRE RESIDENTIAL Residential Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 1.5 parking spaces per Dwelling Unit. • Minimum of 1 additional visitor parking space for every 10 Dwelling Units. •Adult Family -Care Homes -Minimum 1 space per staff member and 1 space per 4 residents. •Community Residence -Minimum of 1 parking space per staff member in addition to the parking required for the principal Dwelling Unit(s). •Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required- •Except for sites within 500 feet of an ungated T3 Transect Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver; by up to fifty percent (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. • Loading - See Article 4, Table 5 Residential Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 1.5 parking spaces per Dwelling Unit. • Maximum of 1 parking space per Micro Dwelling Residential Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 1.5 parking spaces per Dwelling Unit. • Maximum of 1 parking space per Micro Dwelling Unit, with a maximum of 1 additional visitor Unit, with a maximum of 1 additional visitor parking space for every 10 Micro Dwelling Units parking space for every 10 Micro Dwelling • Minimum of 1 additional visitor parking space for every 10 Dwelling Units. • Live -work - Work component shall provide parking as required by the non-residential use in addition to parking required for the Dwelling Unit. • Adult Family -Care Homes - Minimum 1 space per staff member and 1 space per 4 residents. • Community Residence - Minimum of 1 parking space per staff member in addition to the parking required for the principal Dwelling Unit(s). • Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required • Except for sites within 500 feet of an ungated T3 Transect Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver; by up to fifty percent (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. • Parking may be provided by ownership or lease offsite within 1000 feet by process of Waiver, except when site is within 500 feet of T3. •Loading -See Article 4, Table 5 Units • Minimum of 1 additional visitor parking space for every 10 Dwelling Units. • Live -work - Work component shall provide parking as required by the non-residential use in addition to parking required for the Dwelling Unit. • Adult Family -Care Homes - Minimum 1 space per staff member and 1 space per 4 residents. • Community Residence - Minimum of 1 parking space per staff member in addition to the parking required for the principal Dwelling Unit(s). • Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5 • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required- • Except for sites within 500 feet of an ungated T3 Transect Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver; by up to fifty percent (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. • Parking may be provided by ownership or lease offsite within 1000 feet by process of Waiver, except when site is within 500 feet of T3. • Loading - See Article 4, Table 5 ARTICLE 4. TABLE 4 DENSITY, INTENSITY AND PARKING (CONTINUED) T6 — URBAN CORE ZONE DENSITY (UPA) 150 UNITS PER ACRE* 150 UNITS PER ACRE* 150-1,000 UNITS PER ACRE* City of Miami Page 3 of 5 File ID: 3108 (Revision: A) Printed on: 3/25/2025 File ID: 3108 Enactment Number: 13729 RESIDENTIAL Residential Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 1.5 parking spaces per Dwelling Unit. • Minimum of 1 additional visitor parking space for every 10 Dwelling Units. •Adult Family -Care Homes -Minimum 1 space per staff member and 1 space per 4 residents. •Community Residence -Minimum of 1 parking space per staff member in addition to the parking required for the principal Dwelling Unit(s). •Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5. •Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required- • Except for sites within 500 feet of an ungated T3 Transect Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver; by up to fifty percent (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. • Loading - See Article 4, Table 5 Residential Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 1.5 parking spaces per Dwelling Unit. • Maximum of 1 parking space per Micro Dwelling Residential Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 1.5 parking spaces per Dwelling Unit. • Maximum of 1 parking space per Micro Dwelling Unit, with a maximum of 1 additional visitor Unit, with a maximum of 1 additional visitor parking space for every 10 Micro Dwelling parking space for every 10 Micro Dwelling Units •' Minimum of 1 additional visitor parking space for every 10 Dwelling Units. • Live -work - Work component shall provide parking as required by the non-residential use in addition to parking required for the Dwelling Unit. • Adult Family -Care Homes - Minimum 1 space per staff member and 1 space per 4 residents. • Community Residence - Minimum of 1 parking space per staff member in addition to the parking required for the principal Dwelling Unit(s). • Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5. . Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required- ' Except for sites within 500 feet of an ungated T3 Transect Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver; by up to fifty percent (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. • Parking may be provided by ownership or lease offsite within 1000 feet by process of Waiver, except when site is within 500 feet of T3. • Loading - See Article 4, Table 5 Units • Minimum of 1 additional visitor parking space for every 10 Dwelling Units. • Live -work - Work component shall provide parking as required by the non-residential use in addition to parking required for the Dwelling Unit. • Adult Family -Care Homes - Minimum 1 space per staff member and 1 space per 4 residents. • Community Residence - Minimum of 1 parking space per staff member in addition to the parking required for the principal Dwelling Unit(s). • Parking requirement may be reduced according to the Shared parking standard, Article 4, Table 5. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required • Except for sites within 500 feet of an ungated T3 Transect Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver; by up to fifty percent (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. • Parking may be provided by ownership or lease offsite within 1000 feet by process of Waiver, except when site is within 500 feet of T3. • Loading - See Article 4, Table 5 *11 Section 4. Article 6, Table 13 of the Miami 21 Code, entitled "Supplemental Regulations," is further amended in the following particulars:1 "ARTICLE 6. ARTICLE 6. TABLE 13 SUPPLEMENTAL REGULATIONS (CONTINUED) T5 — URBAN CENTER ZONE DENSITY (UPA) 150 NITS PER ACRE * 150 UNITS PER ACRE * 150-1,000 UNITS PER ACRE * DWELLING UNIT Efficiency Dwelling Unit: 400 square feet min. One bedroom Dwelling Unit: 550 square feet min. Two bedroom Dwelling Unit: 650 square feet min. Micro Dwelling Unit: 275 square feet min. Only Micro Dwelling Unit: 275 square feet min. Only permitted within a TOD area. Permitted by permitted within a TOD area. Permitted by Warrant. Prohibited on a Lot Abutting T3. Warrant. Prohibited on a Lot Abutting T3. Efficiency Dwelling Unit: 400 square feet min. One bedroom Dwelling Unit: 550 square feet min. Two bedroom Dwelling Unit: 650 square feet min. Efficiency Dwelling Unit: 400 square feet min. One bedroom Dwelling Unit: 550 square feet min. Two bedroom Dwelling Unit: 650 square feet min. City of Miami Page 4 of 5 File ID: 3108 (Revision: A) Printed on: 3/25/2025 File ID: 3108 Enactment Number: 13729 ARTICLE 6. TABLE 13 SUPPLEMENTAL REGULATIONS (CONTINUED) T6 — URBAN CORE ZONE DENSITY (UPA) 150 UNITS PER ACRE * 150 UNITS PER ACRE * 150-1,000 UNITS PER ACRE * DWELLING UNIT Efficiency Dwelling Unit: 400 square feet min. One bedroom Dwelling Unit: 550 square feet min. Two bedroom Dwelling Unit: 650 square feet min. Micro Dwelling Unit: 275 square feet min. Only Micro Dwelling Unit: 275 square feet min. Only permitted within a TOD area. Permitted by permitted within a TOD area. Permitted by Warrant. Prohibited on a Lot Abutting T3. Warrant. Prohibited on a Lot Abutting T3. Efficiency Dwelling Unit: 400 square feet min. One bedroom Dwelling Unit: 550 square feet min. Two bedroom Dwelling Unit: 650 square feet min. Efficiency Dwelling Unit: 400 square feet min. One bedroom Dwelling Unit: 550 square feet min. Two bedroom Dwelling Unit: 650 square feet min. *11 Section 5. 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 6. 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 7. This Ordinance shall become effective immediately after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, ity Attor ey 11/6/2017 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 Page 5 of 5 File ID: 3108 (Revision: A) Printed on: 3/25/2025