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HomeMy WebLinkAboutR-19-0523City of Miami Resolution R-19-0523 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 6966 Final Action Date: 12/12/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ADMINISTRATION, INCLUDING THE CITY MANAGER, WHO WILL ACTIVELY SEEK THE INVOLVEMENT AND PARTICIPATION OF THE PLANNING DIRECTOR, ZONING DIRECTOR, AND THE CITY ATTORNEY, TO REPORT TO THE CITY COMMISSION ON THE VIABILITY OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), CONDUCTING A COMPREHENSIVE REVIEW OF THE MIAMI 21 ATLAS, EVALUATING THE DEVELOPMENT DIRECTION OF THE CITY'S NEIGHBORHOODS, BY ISSUING A MIAMI 21 CODE REPORT AS REFERENCED HEREIN, AND REPORT TO THE CITY COMMISSION WITHIN ONE HUNDRED EIGHTY (180) DAYS, ANY RECOMMENDATIONS, CHANGES, OR ACTIONS, THAT SHOULD BE TAKEN; ESTABLISHING A TASK FORCE TO WORK WITH THE CITY ADMINISTRATION AND PROVIDE RECOMMENDATIONS REGARDING CHANGES TO THE MIAMI 21 CODE. SPONSOR(S): Mayor Francis X. Suarez, Commissioner Ken Russell, Commissioner Joe Carollo WHEREAS, the City of Miami ("City") finds itself in an Affordable Housing Crisis with over thirty five percent (35%) of the City's renters being extremely cost burdened, and fifty-five percent (55%) of all City residents paying more for housing proportionally relative to their income; and WHEREAS, the City of Miami Mayor and City Commission declared the City in a Climate Emergency requiring a revisiting of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, ("Miami 21 Code") to address these issues as well as possible modifications as needed; and WHEREAS the Miami 21 Code was adopted by the City Commission in 2009 with an effective date of May 2010; and WHREAS, the Miami 21 Code was envisioned as a plan of action to provide guiding steps for planning the City's present and future development, redevelopment, and growth; and WHEREAS, the Miami 21 Code, as stated in an official posting, is an example of a Form -based Zoning Code which regulates development to achieve a specific urban form by placing an emphasis on the relationship between the street and buildings, pedestrians and vehicles, public and private spaces, and the relationship between multiple buildings, a block, a neighborhood and transitions in scale, and thereby creating a predictable public realm by controlling physical form of private developments, with a secondary focus on land use regulations; and City of Miami Page 1 of 3 File ID: 6966 (Revision:) Printed On: 4/28/2025 File ID: 6966 Enactment Number: R-19-0523 WHEREAS, the former Zoning Ordinance of the City, Ordinance 11000 ("Ordinance 11000"), was a traditional Euclidian type of Zoning Ordinance in effect from 1990 to 2010, which provided a plan and map of the regulated area indicating the type of allowed activities and regulations; and WHEREAS, Ordinance 11000 and all predecessor zoning ordinances of the City were Euclidian types of zoning ordinances that regulated differing land use districts based on residential, commercial, institutional and industrial and are referred to as "Traditional" or "Building Block" zoning ordinances; and, WHEREAS, it has now been approximately ten (10) years since the passage of the Miami 21 Code and it is timely for the City to now collect data, analyze, assess, evaluate, conduct a comprehensive review, and advise (collectively referred to as "the Miami 21 Report") City Officials and the community, inclusive of residents and businesses, whether the Miami 21 Code has achieved its stated goals and purposes; and WHEREAS, Article 7, Section 7.1.2.8, titled "Amendment to Miami 21 Code", Subsection 7.1.2.8.b.2 provides that "[e]very two years, the City may conduct a comprehensive review of the Miami 21 Atlas to evaluate the development direction of the city's neighborhoods and determine if additional amendments are appropriate, and, to date, no comprehensive review of Miami 21 has been conducted; and, WHEREAS, the matters to be considered, comprehensively reviewed, and included in the Miami 21 Report include: the accessibility, availability, and incentives for Applicants to provide Affordable Housing in the City; how the discrepancy between the County and City Average Median Income ("AMI") impacts the ability to provide affordable housing units to City residents or impacts supply and demand to affect market -rate residential products; a comprehensive review of the Miami 21 Atlas evaluating the development direction of the City's neighborhoods; how the Miami 21 Code should address climate change and resiliency in permitted developments; Special Area Plan ("SAP") issues; improper abutting zoning transects (e.g. T5 abutting T3 residential transects), or otherwise inconsistent with the Miami Comprehensive Neighborhood Plan ("MCNP"); preservation of single-family residential neighborhoods; opportunity zones; review of accepted/adopted master plans or neighborhood plans; development impact on gentrification and displacement; development effects on minority and local resident communities; interaction with the MCNP; effects on transportation, education and schools, and income inequality; technology and creation of a tech eco-system and economy; creating Activity Nodes at the intersection of two major section line roads; Accessory Dwelling Units ("ADU"); parking requirements; updates to the Miami 21 Atlas to reflect government -owned properties; process and length of obtaining major and routine day-to-day permits identified in Article 7 of the Miami 21 Code; noticing and conducting required quasi- judicial hearings; the number of approved developments that have been tracked or recorded for the time period the Miami 21 Code has been in effect; whether the Miami 21 Code has created more mixed -use and transitional zones on a City-wide basis; and whether the City's residents and businesses find the Miami 21 Code easy to understand, navigate through, and use; and WHEREAS, the Mayor and City Commission shall additionally appoint, with each elected official appointing two members, a twelve (12) member task force of development and housing industry members and residents of the City to be able to give the perspective and recommendations of possible changes to the Miami 21 Code, which shall work in conjunction with the City Administration; and City of Miami Page 2 of 3 File ID: 6966 (Revision:) Printed on: 4/28/2025 File ID: 6966 Enactment Number: R-19-0523 WHEREAS, the City Commission desires to have the City Administration, including the City Manager, City Attorney, Planning Director, and Zoning Director, compile, prepare, and issue the Miami 21 Report, as hereinabove outlined, to the City Commission within one hundred eighty (180) days following the passage of this Resolution; and WHEREAS, pursuant to Section 2-33(f) of the Code of the City of Miami, Florida, as amended, the City Commission unanimously deems this Resolution to be of an emergency nature in order to immediately protect the public health, welfare, and safety of the City's residents; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Administration, including the City Manager, who will actively seek the involvement and participation of the Planning Director, Zoning Director, and the City Attorney, are directed to report to the City Commission on the viability of the Miami 21 Code by issuing a Miami 21 Code Report as referenced herein, and report to the City Commission within one hundred eighty (180) days of the passage of this Resolution, any recommendations, changes, or actions that should be taken. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: ndez, City Httor ey 12/20/2019 1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 3 of 3 File ID: 6966 (Revision:) Printed on: 4/28/2025