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Home My WebLink AboutO-13787City of Miami Ordinance 13787 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 3110 Final Action Date: 9/13/2018 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, TITLED "DEFINITIONS OF TERMS," ARTICLE 3, SECTION 3.3, TITLED "LOTS AND FRONTAGES," ARTICLE 3, SECTION 3.14, TITLED "PUBLIC BENEFITS PROGRAM," ARTICLE 4, DIAGRAM 9, TITLED "RESIDENTIAL DENSITY INCREASE AREAS," AND ARTICLE 4, DIAGRAM 11, TITLED "TRANSIT ORIENTED DEVELOPMENT," TO PROVIDE AND ALLOW FOR THE TRANSFER OF RESIDENTIAL DENSITY FROM HISTORICALLY DESIGNATED SITES TO CERTAIN PROPERTIES WITHIN TRANSIT ORIENTED DEVELOPMENT ZONES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Mayor Francis X. Suarez, Commissioner Ken Russell, Commissioner Joe Carollo WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114 as the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, the Miami 21 Code should be amended to allow for the transfer of residential density from historically designated sites to transit oriented development ("TOD") zones; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on January 17, 2018, following an advertised public hearing, adopted Resolution No. PZAB-R-18-003 by a vote of eight to zero (8-0), Item No. PZAB.4, recommending approval of the proposed text amendment; and WHEREAS, the City Commission conducted a public hearing on the proposed text amendment; and WHEREAS, the City Commission considered whether the proposed text amendment will further the goals, objectives, and policies of the Miami Neighborhood Comprehensive Plan, the Miami 21 Code, and other City of Miami 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 hereby adopted by reference hereto and incorporated herein as if fully set forth in this Section. City of Miami Page 1 of 6 File ID: 3110 (Revision: B) Printed On: 4/3/2025 File ID: 3110 Enactment Number: 13787 Section 2. Article 1, Section 1.2, of the Miami 21 Code is further amended in the following particulars:1 "ARTICLE 1. DEFINITIONS 1.2 DEFINITIONS OF TERMS * * Bicycle Shed: An area, approximately circular, that is centered on a common destination, reachable by bicycle. A Bicycle Shed for purposes of connecting to transit and mapping a Transit Oriented Development ("TOD") is a five (5) minute ride at a leisurely pace. The area of the Bicycle Shed is dependent on the type and connectedness of barrier -free bicycle routes available. Five -minutes of travel is equivalent to one-half (1/2) mile when no dedicated space for bicycles are available; three-quarter (3/4) mile when improvements like bicycle lanes or shared - use paths are available; and one (1) mile when premium facilities like linear parks, the Riverwalk, Baywalk, or separated lanes are available for travel. The City's Bicycle Master Plan further identifies types of bicycle facilities. The outline of the Bicycle Shed must be refined according to actual site conditions and is subject to change as additional bicycle facilities are added. (Sometimes referred to as "Bikeshed"). Pedestrian Shed: An area, approximately circular, that is centered on a common destination. A Pedestrian Shed is applied to determine the approximate size of a Neighborhood. A Standard Pedestrian Shed is a barrier -free area interconnected by sidewalks and crosswalks with a one - quarter (1/4) mile radius travel distance from the common destination. This is about the distance of a five-minute walk at a leisurely pace. A Linear Pedestrian Shed is elongated to follow a commercial corridor, measuring one -quarter (') mile out from the center line of the corridor. It has been shown that provided with a pedestrian environment, most people will walk this distance rather than drive. The outline of the shed must be refined according to actual site conditions, particularly along Thoroughfares. The common destination should have the present or future capacity to accommodate Transect Zones successional in Density to its surroundings. Oriented Development (TOD) when transit is present or proposed. (Sometimes called a "walkshed" or "walkable catchment"). Transit Oriented Development (TOD): A designation established by the City within the Pedestrian Shed or Bicycle Shed area of involving an ar a not cxcccding a one half (1/2) milc radius from a convergence of modes of transit, or a train station. Section 3. Article 3, Section 3.3 and Section 3.14, of the Miami 21 Code are further amended in the following particulars:1 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 6 File ID: 3110 (Revision: B) Printed on: 4/3/2025 File ID: 3110 Enactment Number: 13787 "ARTICLE 3. GENERAL TO ZONES 3.3 LOTS AND FRONTAGES 3.3.1 Lots assembled into one (1) ownership within one (1) Transect Zone may be developed as a single Lot. Lots assembled into one (1) ownership that encompass more than one (1) Transect Zone shall be developed according to the corresponding Transect regulation for each Lot, except as described in Section 3.6.1(e). In such cases, there shall be no transfer of Density or Intensity of Development Capacity between Transect Zones, except if the Lots are assigned equal Densities, Density may be transferred across the Transect boundary. Lots under the same or different ownership that are participating in the Historic Preservation Transfer of Development Density program established in Chapter 23 of the City Code may transfer Density from historically designated properties or certain non-contributing resources to TOD areas, subject to compliance with all applicable regulations. Where Lots are assembled into one (1) ownership, the side or rear Setbacks sharing the Property Line may be eliminated. Lot assembly shall require a Unity -of -Title acceptable to the City Attorney. Contiguous Lots in one (1) ownership, as of the effective date of this Code, may be developed as one (1) Lot in excess of the maximum Lot size. 3.14 PUBLIC BENEFITS PROGRAM 3.14.4 For the purposes of the public benefits program, the following criteria shall apply: c. Historic Preservation. The second half of a Development's requested Bonus Floor Area to the maximum bonus Height and FLR as described in 3.14.1 shall be allowed for additional square footage qualified under the city Transfer of Development Rights program established in Chapter 23, City Code. *„ Section 4. Article 4, Diagram 9 and Diagram 11 of the Miami 21 Code are further amended in the following particulars:1 "ARTICLE 4. STANDARDS & TABLES DIAGRAM 9. RESIDENTIAL DENSITY INCREASE AREAS REFER TO MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN AND ARTICLE 4. DIAGRAM 11. City of Miami Page 3 of 6 File ID: 3110 (Revision: B) Printed on: 4/3/2025 File ID: 3110 Enactment Number: 13787 * TOD RESIDENTIAL DENSITY TRANSFER AREA — Up to a fifty percent (50%) increase above allowable Density in a T4, T5, and T6 is permitted through the Historic Preservation Transfer of Development Density program established in Chapter 23 of the City Code. This increase is allowable within three-quarters (3/4) of a mile of a transit station. Density transfer into T4 allowed by Exception with City Commission approval. "ARTICLE 4. DIAGRAM 11 TRANSIT ORIENTED DEVELOPMENT City of Miami Page 4 of 6 File ID: 3110 (Revision: B) Printed on: 4/3/2025 File ID: 3110 Enactment Number: 13787 NETRORAIL FUTURE MErRORPJL METROMOVER EAC ROUTE STRETCAR HEALTH DISTRICT CIRCULATOR HEALTH DL`"T'RICT STOPS FUTURE TRANSIT SHEDS SR M;.E TRANSIT SHED $14 MILE PEDESrR1AN SAE? N.11 M. 21 -OD Diag am s ma named in the Office of Te C-x A. 1/2 MILE TRANSIT SHED/TOD RESIDENTIAL DENSITY TRANSFER ZONE *„ City of Miami Page 5 of 6 File ID: 3110 (Revision: B) Printed on: 4/3/2025 File ID: 3110 Enactment Number: 13787 Section 5. 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 6. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance should not be affected. Section 7. This Ordinance shall become effective immediately upon its adoption.2 APPROVED AS TO FORM AND CORRECTNESS: 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 6 of 6 File ID: 3110 (Revision: B) Printed on: 4/3/2025