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HomeMy WebLinkAboutO-14083City of Miami Ordinance 14083 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12009 Final Action Date: 7/28/2022 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 3, TITLED "GENERAL TO ZONES", TO ESTABLISH AN AFFORDABLE HOUSING TRANSFER OF DEVELOPMENT DENSITY PROGRAM; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Christine King WHEREAS, on October 22, 2009, Ordinance No. 13114 was adopted as the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, the Interpretation of the Future Land Use Map ("FLUM") allows that maximum residential density may be increased by up to one hundred percent (100%), subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City of Miami's ("City") adopted concurrency management requirements for the following future land use designations: Low Density Multifamily Residential; Low Density Restricted Commercial; Medium Density Multifamily Residential; Medium Density Restricted Commercial; High Density Multifamily Residential; Restricted Commercial; General Commercial; Industrial; Central Business District; and Major Institutional, Public Facilities; Transportation, and Utilities; and WHEREAS, Article 2, Section 2.1.3.1(h) of the Miami 21 Code lists Affordable and Workforce Housing distribution throughout the City as a Guiding Principle; and WHEREAS, on or about February 23, 2017, modifications to Article 3, 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 these modifications, the Planning Department has analyzed submitted projects that have taken advantage of the provisions of Article 3, 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 approvals; and WHEREAS, these incentives would allow Affordable Housing developments within Community Redevelopment Areas ("CRA") to transfer unused as -of -right density to receiving sites within Transit Oriented Development ("TOD") and Transit Corridor areas at market rate value; and City of Miami Page 1 of 4 File ID: 12009 (Revision: A) Printed On: 6/16/2025 File ID: 12009 Enactment Number: 14083 WHEREAS, additional revenue will be generated for the City's Affordable Housing Trust Fund and CRAs through contributions received from the sale of density off -site; and WHEREAS, consideration has been given to the need and justification for the proposed text amendment, including changed or changing conditions that make the passage of the proposed text amendment necessary; and WHEREAS, consideration has been given to the relationship of the proposed text amendment to the goals, objectives, and policies of the Miami Neighborhood Comprehensive Plan, the Miami 21 Code, and other City regulations; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on June 15, 2022 following an advertised public hearing, adopted Resolution No. PZAB-R-22- 015 by a vote of seven to zero (7-0), Item No. PZAB. 2, recommending approval, of the Zoning Text Change: 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 and incorporated as if fully set forth in this Section. Section 2. Article 3 of the Miami 21 Code is hereby amended in the following particulars:1 "MIAMI 21 CODE ARTICLE 3. GENERAL TO ZONES 3.15 AFFORDABLE AND ATTAINABLE MIXED -INCOME HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS 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 all the required criteria in Subsection 3.15.2 and provides a minimum of ten percent (10%) of the Dwelling Units as Extremely Low Income as defined herein shall be provided a one hundred percent (100%) Density bonus. The Development after the Density bonus shall maintain the affordable and workforce housing mix described in 3.15.2 (a) or 3.15.2 (b), whichever is appliable, and shall provide ten percent (10%) of the Dwelling Units as Extremely Low Income Housing for the entire Development. 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 4 File ID: 12009 (Revision: A) Printed on: 6/16/2025 File ID: 12009 Enactment Number: 14083 b. Any Development that meets all the required criteria in Subsection 3.15.2 and provides a minimum of five percent (5%) of the Dwelling Units as Extremely Low Income as defined herein shall be provided a fifty percent (50%) Density bonus for rental Development or a one hundred percent (100%) Density bonus for Development that is entirely comprised of homeownership units. The Development after the Density bonus shall maintain the affordable and workforce housing mix described in 3.15.2 (a) or 3.15.2 (b), whichever is appliable, and shall provide five percent (5%) of the Dwelling Units as Extremely Low Income Housing for the entire Development. c. Affordable and Attainable Mixed -Income Housing Transfer of Development Density Program A Development shall be eligible to sell excess as -of -right density permitted within the underlining Transect Zone provided the development satisfies all of the following: i. Meets the criteria in Subsection 3.15.2; ii. Includes a minimum 200 Attainable Mixed -Income Housing units; and iii. Located within a Community Redevelopment Area (CRA). In such cases, the City shall permit the owner, or successor in interest, to transfer the difference between the number of to be constructed Affordable/Attainable Housing units at the eligible property and the as -of -right density of the property. Eligible off -site properties may receive up to fifty percent (50%) increase above allowable Density. The City shall permit the density transfer without requiring provision of Workforce Housing or Affordable Housing at the receiving property. For purposes of this section, an eligible receiving site shall mean any property that satisfies all the following: i. Located within a T5, T6, or CI -HD Transect Zone; ii. Located within a Transit Oriented Development area or Transit Corridor; and iii. Eligible to increase its Density by being consistent with the Interpretation of the Future Land Use Map of the Miami Comprehensive Neighborhood Plan (MCNP). Upon the City's issuance of a building permit for construction of an Affordable/Attainable project qualifying under this section, the City's Zoning Administrator, or designee, shall issue a Certificate of Eligibility confirming that the Owner is entitled to sell the unused density to an eligible receiving property. The City's Zoning Administrator shall be notified of each transfer of density and the Zoning Administrator shall issue a Certificate of Transfer confirming the sale of the units and the balance of units eligible to be transferred after each transfer transaction, to be recorded in the public records of Miami - Dade County. A percentage of proceeds of each transfer shall be contributed to the City's Affordable Housing Trust Fund or to the applicable CRA for implementation of the CRA master plan. A final contribution amount of between fifteen to twenty-five percent (15% - 25%) of the proceeds shall be negotiated and determined by the City Manager or designee. City of Miami Page 3 of 4 File ID: 12009 (Revision: A) Printed on: 6/16/2025 File ID: 12009 Enactment Number: 14083 *11 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 ten (10) days after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, ity Attor 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 4 of 4 File ID: 12009 (Revision: A) Printed on: 6/16/2025