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File ID: 4677
Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), MORE
SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.2 OF THE
MIAMI 21 CODE, TITLED "DEFINITIONS OF TERMS," TO MODIFY THE
DEFINITIONS OF ATTAINABLE MIXED -INCOME HOUSING AND
WORKFORCE HOUSING; AMENDING ARTICLE 3, SECTION 3.15 OF
THE MIAMI 21 CODE, TITLED "AFFORDABLE AND ATTAINABLE
MIXED -INCOME HOUSING SPECIAL BENEFIT PROGRAM
SUPPLEMENTAL REGULATIONS," TO ADD NEW INCENTIVES
INCLUDING A FLOOR LOT RATIO ("FLR") BONUS AND NEW MINIMUM
UNIT SIZES FOR THE DEVELOPMENT OF PROJECTS PROVIDING
HOUSING FOR MIXED -INCOME POPULATIONS AT OR BELOW ONE
HUNDRED FORTY PERCENT (140%) OF AREA MEDIAN INCOME AS
ESTABLISHED BY THE UNITED STATES DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT; AND TO CLARIFY LANGUAGE WITHIN
THE ORDINANCE; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
APPLICANT(S): Emilio T. Gonzalez, Ph.D., City Manager, on behalf of the City of Miami
PURPOSE: This will amend Article 1, Section 1.2 of Miami 21 modifying definitions for
Attainable Mixed -Income Housing and Workforce Housing; and amend Article 3, Section 3.15,
to add incentives such as additional FLR and smaller unit sizes for affordable housing projects
comprised of Workforce Housing units and Affordable Housing units. This will also clarify
existing language within the ordinance.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: Recommended approval on July 18, 2018, by a
vote of 9-0.
City of Miami File ID: 4677 (Revision:) Printed On: 3/10/2025
City of Miami
Legislation
Ordinance
Enactment Number
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 4677 Final Action Date: 6/13/2019
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), MORE
SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.2 OF THE MIAMI
21 CODE, TITLED "DEFINITIONS OF TERMS," TO MODIFY THE
DEFINITIONS OF ATTAINABLE MIXED -INCOME HOUSING AND
WORKFORCE HOUSING; AMENDING ARTICLE 3, SECTION 3.15 OF
THE MIAMI 21 CODE, TITLED "AFFORDABLE AND ATTAINABLE MIXED -
INCOME HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL
REGULATIONS," TO ADD NEW INCENTIVES INCLUDING A FLOOR LOT
RATIO ("FLR") BONUS AND NEW MINIMUM UNIT SIZES FOR THE
DEVELOPMENT OF PROJECTS PROVIDING HOUSING FOR MIXED -
INCOME POPULATIONS AT OR BELOW ONE HUNDRED FORTY
PERCENT (140%) OF AREA MEDIAN INCOME AS ESTABLISHED BY
THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT; AND TO CLARIFY LANGUAGE WITHIN THE
ORDINANCE; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114
as the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code"); 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 of the
City; and
WHEREAS, on or about February 23, 2017, modifications to 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, since the adoption of those modifications, the City's Planning Department
has analyzed submitted projects that have taken advantage of the provisions of Section 3.15 of
the Miami 21 Code; and
WHEREAS, the Planning Department has identified additional incentives that may
encourage the development of additional Attainable Mixed -Income Housing Developments and
benefit Attainable Mixed -Income Housing Developments currently seeking a permit; and
WHEREAS, those incentives are smaller minimum unit sizes and additional Floor Lot
Ratio ("FLR"); and
City of Miami File ID: 4677 (Revision:) Printed On: 3/10/2025
WHEREAS, the intent of the Attainable Mixed -Income Housing Development provisions
of the Miami 21 Code is to develop truly mixed -income developments; and
WHEREAS, Attainable Mixed -Income Housing Developments may benefit, both socially
and financially, from the inclusion of a small percentage of market rate units; and
WHEREAS, Section 3.15 of the Miami 21 Code should clearly convey the benefits
available for Attainable Mixed -Income Housing Development and the proposed modifications to
said Section will provide additional clarity; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on July 18,
2018, following an advertised public hearing, adopted Resolution No. PZAB-R-18-035 by a vote
of nine to zero (9-0), Item No. PZAB.8, recommending approval of the proposed modifications to
the Miami 21 Code; and
WHEREAS, the City Commission has conducted a public hearing on the proposed
modifications and considered the relationship of the proposed modifications to the goals,
objective, and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"), the Miami 21
Code, and other City regulations; and
WHEREAS, consideration has been given to the need and justification for the proposed
modifications, including changed or changing conditions that make the passage of the proposed
modifications necessary; 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 residents 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. Article 1 of the Miami 21 Code is amended in the following particulars:1
"ARTICLE 1. DEFINITIONS
1.2 DEFINITION OF TERMS
Attainable Mixed -Income Housing: Attainable Mixed -Income Housing shall mean a
development completely comprised of Extremely Low Income Housing, Affordable
Housing, and Workforce Housing; and may be subject to Density bonuses.
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: 4677 (Revision:) Printed On: 3/10/2025
Workforce Housing: Workforce housing shall mean a Dwelling Unit, owner -occupied
and/or rental housing with a purchase cost, value, or monthly rental, as applicable, equal
to or less than the amounts established by the applicable standards for those individuals
whose income is between above 60 percent to and at or below 140 percent of Area
Median Income as published by the United States Department of Housing and Urban
Development and certified by the Department of Community and Economic
Development.
*11
Section 3. Article 3 of the Miami 21 Code is amended by in the following particulars:1
"ARTICLE 3. GENERAL TO ZONES
* * *
3.15 AFFORDABLE AND ATTAINABLE MIXED -INCOME HOUSING SPECIAL BENEFIT
PROGRAM SUPPLEMENTAL REGULATIONS
3.15.2 As a pre -requisite to qualify as an Attainable Mixed -Income Housing
Development eligible for any of the special benefits described in Section 3.15, 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 forty percent (40%) of
the Dwelling Units as Affordable Housing serving residents at or below sixty
percent (60%) of AMI, a maximum of ten percent (10%) of the Dwelling Units at
any price, and the remainder of the Dwelling Units as Workforce Housing;
or certification by the City's Community and Economic Development Department
that the proposed Development will provide a minimum of twenty percent (20%)
of the Dwelling Units as Affordable Housing serving residents at or below fifty
percent (50%) of AMI, a maximum of ten percent (10%) of the Dwelling Units at
any price, and the remainder of the Dwelling Units as Workforce Housing.
3.15.3 Affordable and Attainable Mixed -Income Housing Developments that are zoned
T3 or abut a T3 Zone are not eligible for the provisions in Section 3.15. Affordable and
Attainable Mixed -Income Housing Developments that are zoned T4 or abut a T4 Zone
shall require a Warrant for consideration under Section 3.15.
3.15.4 In place of any conflicting provisions elsewhere in this Code, Affordable and
Attainable Mixed -Income Housing Developments may be developed in accordance with
the following, subject to a Warrant:
a. Height
City of Miami File ID: 4677 (Revision:) Printed On: 3/10/2025
1. T5: Maximum building height of 75 feet with no limitation on the number of
Stories;
2. T6-8: Maximum building height of 125 feet with no limitation on the number of
Stories;
3. T6-12: Maximum building height of 240 feet with no limitation on the number of
Stories;
b. Intensity
T6-8: An Attainable -Mixed Income Development that utilizes the provisions of
Section 3.15.6.b may receive an additional twenty-five percent (25%) bonus FLR.
c. Minimum Size
1. A one (1) bedroom Dwelling Unit shall have a minimum size of five hundred
(500) square feet.
2. A two (2) bedroom Dwelling Unit shall have a minimum size of six hundred
(600) square feet.
d. 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 Waiver with referral
to the Planning Department.
o- e. Development in T6 Zones shall be exempt from complying with the requirements
contained in Sections 5.6.1 (h) and 5.6.2 (b).
d- f. Pedestrian or Vehicular Cross Block Passages shall not be required.
Development 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.
f, h. Development shall not be subject to maximum Lot Area requirements.
g- i_ Setback requirements above the eighth floor may be modified by Waiver for
Development in T6 Zones.
3.15.6 In addition to the Development incentives listed above, Attainable Mixed -Income Housing
projects shall be afforded Density bonuses as follows;
a)Any Development that meets the criteria in Subsection 3.15.2 (a) and 3.15.2 (b) and
provides a minimum of ten percent (10%) of the Dwelling Units as Extremely Low
Income as defined herein shall be provided one (1) additional unit of Density per
Attainable Workforce Housing unit provided a one hundred percent (100%) Density
bonus. The Development after the Density bonus shall maintain the Affordable and
City of Miami File ID: 4677 (Revision:) Printed On: 3/10/2025
Workforce Housing mix described in 3.15.2 (a), and shall provide ten percent (10%) of
the Dwelling Units as Extremely Low Income Housing for the entire Development.
b)Any Development that meets the criteria in Subsection 3.15.2 (a) and 3.15.2 (b) and
provides a minimum of five percent (5%) of the Dwelling Units as Extremely Low
Income as defined herein shall be provided one half (1/2) additional unit of Density
Attainable -Workforce Housing unit provided a fifty percent (50%) Density bonus. The
Development after the Density bonus shall maintain the Affordable and Workforce
Housing mix described in 3.15.2 (a), and shall provide five percent (5%) of the Dwelling
Units as Extremely Low Income Housing for the entire Development.
*„
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 30 days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, 10/11/2018
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: 4677 (Revision:) Printed On: 3/10/2025