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Home My WebLink AboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 10811 Title: 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, TITLED "DEFINITIONS," AND ARTICLE 3, SECTION 3.15, TITLED "AFFORDABLE AND ATTAINABLE MIXED - INCOME HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS," TO AMEND THE DEFINITION OF THE TERM "PARKING, TANDEM" AND TO CREATE REGULATIONS FOR CITY OF MIAMI OWNED LOTS LOCATED WHOLLY WITHIN A T5, "URBAN CENTER TRANSECT ZONE," AND/OR T6, URBAN CORE TRANSECT ZONE," WITH A QUALIFIED DEVELOPMENT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. APPLICANT(S): Arthur Noriega V, City Manager on behalf of the City of Miami PURPOSE: To amend the Miami 21 Zoning Code to allow the City to apply for certain Density, Intensity and Height and other Waivers on City owned properties (zoned T5 and T6) for affordable housing projects. FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: The motion to recommend denial on October 20, 2021, passed, by a vote of 8-0. City of Miami File ID: 10811 (Revision: A) Printed On: 6/9/2025 City of Miami Legislation Ordinance Enactment Number:14055 City Hall 3500 Pan Ameican Drive Miami, FL 33133 www.miamigov.com File Number: 10811 Final Action Date: 3/10/2022 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, TITLED "DEFINITIONS," AND ARTICLE 3, SECTION 3.15, TITLED "AFFORDABLE AND ATTAINABLE MIXED -INCOME HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS," TO AMEND THE DEFINITION OF THE TERM "PARKING, TANDEM" AND TO CREATE REGULATIONS FOR CITY OF MIAMI OWNED LOTS LOCATED WHOLLY WITHIN A T5, "URBAN CENTER TRANSECT ZONE," AND/OR T6, URBAN CORE TRANSECT ZONE," WITH A QUALIFIED DEVELOPMENT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114 as the Zoning Ordinance of the City of Miami ("Miami 21 Code"); and WHEREAS, Article 1, Section 1.2 of the Miami 21 Code provides the definition of "Parking, Tandem" as "[t]he placement of vehicles one behind the other as opposed to side by side"; and WHEREAS, the City of Miami ("City") desires to permit systems that allow the parking of vehicles on top of each other; and WHEREAS, Article 3, Section 3.15 of the Miami 21 Code provides standards for Affordable Housing Developments and Attainable Mixed Income Housing; and WHEREAS, creating ample affordable housing for residents is a key priority for the City and critical to the City's long-term sustainability; and WHEREAS, the Florida International University Jorge M. Perez Metropolitan Center's Miami Affordable Housing Master Plan ("Plan"), presented to the City Commission on January 31, 2020, provided a detailed roadmap to assist the City achieve the goal of creating more affordable housing for its residents; and WHEREAS, the Plan states that the City's rapid loss of affordable housing is an existential threat and that the housing affordability has reached crisis levels in in the City threatening the City's economy, businesses, and neighborhoods; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on October 20, 2021, following an advertised public hearing, adopted Resolution No. PZAB-R-21- 044 by a vote of eight to zero (8-0), Item No. PZAB.7, recommending denial of the proposed amendment as stated herein; and City of Miami File ID: 10811 (Revision: A) Printed On: 6/9/2025 WHEREAS, the City Commission has considered whether the proposed amendment as stated herein will further the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan, the Miami 21 Code, and other City regulations; and WHEREAS, the City Commission has considered the need and justification for the proposed amendment as stated herein, including changed or changing conditions that make the passage of the proposed amendment necessary; and WHEREAS, on March 10, 2022, the City Commission determined that the text changes to Article 3, Section 3.15.7 of the Miami 21 Code should not apply in City Commission Districts 2 and 4 and directed that the legislation be modified accordingly; and WHEREAS, the City Commission finds that it is in the best interest of the City and its residents to amend the Miami 21 Code for the purpose stated herein; 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 DEFINITIONS OF TERMS This section provides definitions for terms in this Code that are technical in nature or that might not be otherwise reflect a common usage of the word. If a term is not defined in this Article, then the Zoning Administrator shall determine the correct definition of the term. Parking, Tandem: The placement of up to two (2) vehicles either one (1) behind the other or one (1) above the other as opposed to side by side. *„ Section 3. Article 3 of the Miami 21 Code is amended in the in the following particulars:1 "ARTICLE 3. GENERAL TO ZONES 3.15. AFFORDABLE AND ATTAINABLE MIXED -INCOME HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS 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 indicated omitted and unchanged material. City of Miami File ID: 10811 (Revision: A) Printed On: 6/9/2025 3.15.7 Notwithstanding any conflicting provisions elsewhere in this Code, City -owned Lots located wholly within a T5 and/or T6 Transect Zone with Developments qualified under Section 3.15.1 or Section 3.15.2 and meeting the requirements of Subsection (a) may be developed as provided in Subsection (b). (a) Requirements: (1) The proposed Development shall be within a quarter (1/4) mile of a Transit Corridor or a half (1/2) mile of a TOD; and (2) The proposed Development shall not Abut a T3 Transect Zone. (b) Qualifying Developments pursuant to this Section may be developed by Waiver as follows: (1) The Development's maximum Density may be increased by one hundred percent (100%) over and above the base amount allowed for the corresponding Miami Comprehensive Neighborhood Plan Future Land Use Designation unless located in a Residential Density Increase Area, in which case such Density shall be subject to the provisions of Section 3.3.1. (2) The Development's maximum FLR shall be as allowed by the corresponding Miami Comprehensive Neighborhood Plan Future Land Use Designation for the Lot subject to the provisions of Section 3.3.1. (3) For T5 and T6-8, the maximum Building Height shall be 125 feet with no limitation on the number of Stories. (4) Setbacks shall be provided pursuant to the underlying Transect up to the maximum Height allowed in this Subsection. (5) Parking may extend into the Second Layer at or 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. (6) Parkinq may be provided pursuant to Section 3.15.5 provided that parking reductions within a TOD may be attained within a Transit Corridor. (7) Allow Tandem Parkinq by both a valet operator or for residential self -parking provided that the total number of spaces is equal to or greater than the number of units with one (1) Tandem Parkinq space satisfying one (1) required parking space. Each Tandem Parkinq space for residential self -parking shall serve a single residential unit. (8) 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. City of Miami File ID: 10811 (Revision: A) Printed On: 6/9/2025 (c) The requirements set forth in Subsections (a) and (b) above shall not apply to any properties wholly located in City Commission District 2 or 4. * * *„ Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of the Ordinance shall not be affected. 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 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 6. The revision to Article 1, Section 1.2 of the Miami 21 Code related to Parking, tandem shall not apply to any property where a complete application for a zoning entitlement or building permit has been submitted in the City of Miami Electronic Plan Review Portal (ePlan) prior to the effective date of this Ordinance. Section 7. This Ordinance shall become effective ten (10) days after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey , 11/24/2021 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: 10811 (Revision: A) Printed On: 6/9/2025