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.
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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
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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