HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 12006
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") BY AMENDING ARTICLE
1, TITLED "DEFINITIONS", AND ARTICLE 3, TITLED "GENERAL TO
ZONES", TO ALLOW THE TRANSFER OF DENSITY TO WATERFRONT
LOTS WHERE ADDITIONAL PUBLIC BENEFITS RELATED TO
RESILIENCY AND SUSTAINABILITY ARE PROVIDED AND CERTAIN
PARKING AND FRONTAGE CONDITIONS ARE MET; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
APPLICANT(S): Arthur V. Noriega, City Manager of behalf of City of Miami
PURPOSE: To amend the Zoning Ordinance of the City of Miami to allow the transfer of
density to eligible Waterfront Lots where additional public benefits related to resiliency
and sustainability are provided and certain parking and frontage conditions are met.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: On June 15, 2022, recommended
denial, by a vote of 5-2.
City of Miami File ID: 12006 (Revision:) Printed On: 6/23/2025
City of Miami
Legislation
Ordinance
Enactment Number
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 12006 Final Action Date: 10/27/2022
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21") BY AMENDING ARTICLE
1, TITLED "DEFINITIONS", AND ARTICLE 3, TITLED "GENERAL TO
ZONES", TO ALLOW THE TRANSFER OF DENSITY TO WATERFRONT
LOTS WHERE ADDITIONAL PUBLIC BENEFITS RELATED TO
RESILIENCY AND SUSTAINABILITY ARE PROVIDED AND CERTAIN
PARKING AND FRONTAGE CONDITIONS ARE MET; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, waterfront properties may improve the Flood Insurance Rate Map for their
property which may also benefit adjacent areas and positively impact the City of Miami's
("City") Community Rating System score via a Federal Emergency Management Agency
("FEMA") Letter of Map Revision process; and
WHEREAS, enhancements to the City's Waterfront Walkway will provide
interconnectedness and mobility opportunities from surrounding recreational spaces and provide
residents and visitors with enhanced access to waterfronts; and
WHEREAS, upon adoption of this Ordinance, the Planning Department will continue to
guide enhancements to Waterfront design standards to be applied to properties along all
waterfronts; and
WHEREAS, additional resiliency and sustainability public benefits will be derived from
projects utilizing the proposed density transfer provisions beyond those currently required in the
Code of the City of Miami, Florida ("City Code"); and
WHEREAS, the Miami 21 Task Force made recommendations to encourage climate and
resiliency elements be incorporated into development projects; 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-22-014 by a
vote of five to two (5-2), Item No. PZAB. 1, recommending denial of the Zoning Text Change;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
City of Miami File ID: 12006 (Revision:) Printed On: 6/23/2025
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 1 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami,
Florida, as amended ("Miami 21 Code"), is hereby amended in the following particulars:1
"MIAMI 21 CODE
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.
Passive Flood Barrier: a non -operable barrier such as a wall or raised area which blocks water
intrusion or a movable barrier.
*„
Section 3. Article 3 of the Miami 21 Code is hereby amended in the following
particulars:'
"MIAMI 21 CODE
ARTICLE 3. GENERAL TO ZONES
3.18 RESILIENCE PUBLIC BENEFITS
3.18.1 Waterfront Resilience Benefits
Waterfront Lots are required to meet certain obligations with regards to seawalls, public access,
and Right -of -Way improvements, per Article 3, Section 3.11 Waterfront Standards and Chapters
29 and 54 of the City Code. The following Waterfront Resilience Benefits are available to
Waterfront Lots when additional conditions relating to parking, frontages, resiliency and
sustainability are met.
a. Eligibility
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: 12006 (Revision:) Printed On: 6/23/2025
Waterfront Resilience Benefits shall be associated with eligible Waterfront Lots and
eligible Inland Lots.
2. Eligible Waterfront Lots receiving Density must have at least one Waterfront Frontage
and required to have improvements associated with Section 3.11 Waterfront Standards
and Appendix B — Waterfront Design Guidelines.
3. Eligible Inland Lots sending Density shall be located within 1,000 feet along the route of
ordinary pedestrian traffic of the subject Waterfront Lot and shall be designed to
minimize the impact of parking on the neighborhood.
b. Density Transfer
1. Up to fifty percent (50%) of the Inland Lot's Density may be transferred to the Waterfront
Lot. For the purposes of this provision, the Density of the Inland Lot shall be established
through the Miami 21 Code Transect Zone with no increases.
2. A minimum of fifty percent (50%) of the Inland Lot's Density shall not be transferred and
must remain on the Inland Lot.
3. Waterfront Lots shall only be eligible to increase its Density through the transfer of
Density from the Inland Lot, by being consistent with the Interpretation of the Future
Land Use Map of the Miami Comprehensive Neighborhood Plan (MCNP) and if
conditions specified in Section 3.18.1.c. through Section 3.18.1.d. are complied with.
c. Parking and Frontage Conditions
For Waterfront Lots to utilize the Density Transfer provisions described in Section 3.18.1, the
Project shall comply with the following parking and frontage conditions:
. Off-street parking for Waterfront Lots and Inland Lots shall abide by the requirements in
Article 3, Section 3.6, OFF-STREET PARKING AND LOADING STANDARDS and
requirements particular to the Transect per applicable section of Article 4, Table 4,
DENSITY, INTENSITY, AND PARKING and Article 5 SPECIFIC TO ZONES.
2. 100% of non-ADA required off-street parking shall be located on the Inland Lot.
3. Parking Structures shall be masked with a Liner on the second and third Stories in the
Second Layer and conform with Article 4, Table 12.
4. Entrances to Off-street parking spaces shall be protected from water intrusion by
Passive Flood Barriers up to the base flood elevation.
5. Waivers shall not be allowed for reduction of required Frontage at front setback line or
for reduction of glazed and habitable space requirements per Article 5.
City of Miami File ID: 12006 (Revision:) Printed On: 6/23/2025
d. Resilience and Sustainability Conditions
For Waterfront Lots to utilize the Density Transfer provisions described in Section 3.18.1, the
Project shall comply with the following resilience and sustainability conditions:
. Construct a seawall as per Chapter 29-81-29-95 of the City Code. Any existing seawall
must be upgraded to the standards and elevations required by Chapter 29-81-29-95 of
the City Code
2. Modify the flood zone designation and/or the base flood elevation on Flood Insurance
Rate Map for the Waterfront Lot through the Letter of Map Revision process with the
Federal Emergency Management Agency, when available.
3. Provide and maintain Play Streets per the requirements in Chapter 35-5 of the City
Code.
4. Provide improvements consistent with all applicable adopted masterplans including, but
not limited to, the Miami River Greenway Plan, Streetscape Masterplans, and the
Stormwater Masterplan.
5. Provide improved soil volume and water storage per Appendix B, Section 6.2 for trees
within the public Right of Way.
6. Provide Right of Way improvements to the entirety of the Right -of -Way between the
Inland and Waterfront Lots consistent with the requirements in Chapters 29, 54, and 55
of the City Code.
7. Maintain all non-standard improvements within the Right -of -Way.
8. Notwithstanding any requirements allowing or requiring ground floor areas to be raised
above the sidewalk, baywalk or riverwalk public area, provide public amenities at the
Sidewalk, baywalk or riverwalk level with easy and inviting pedestrian access. Subject to
approval, public pedestrian level improvements may include drinking fountains,
bicycle/motorized scooter, exercise equipment, shaded sitting areas, water -taxi access,
or water -access for non -motorized craft, as available in Appendix B — Waterfront Design
Guidelines, Section 5.2.
9. Improve stormwater retention on -site by providing an improvement of, at minimum, a fifty
percent reduction in the "time concentration" per rainfall intensity standards found in
Chapter 20-3 of the City Code for both the inland and waterfront sites.
10. Provide a minimum of 15% of the required parking spaces with 40 Amp, 208 or 240-Volt
(Level 2) charging equipment and provide an additional 15% of the required parking
spaces as Electric Vehicle Capable, per Article 3, Section 3.6.1.
City of Miami File ID: 12006 (Revision:) Printed On: 6/23/2025
11. Meet United States Green Building Council (USGBC) Leadership in Energy and
Environmental Design (LEED) Gold standards, at minimum, or equivalent standards
adopted or approved by the City.
12. Avoid connection and use of natural gas on -site as an energy source by powering the
building exclusively by electricity except for emergency situations.
e. Process Requirements
Waterfront Lots, Inland Lots, and required Right -of -Way improvements adjacent to and
between the properties shall be reviewed and a recommendation provided by the Urban
Development Review Board. Recommendations on the Right of Way improvements shall
not constitute an approval by the Department of Resilience and Public Works.
2. Projects incorporating additional resilience and sustainability measures are encouraged
to be presented to the Climate Resilience Committee.
3. Upon the City's issuance of a building permit for construction of a project qualifying
under this section, the City's Zoning Administrator, or designee, shall issue a letter
Certificate of Eligibility confirming that the Owner is entitled to transfer density from the
Inland Lot to an eligible receiving Waterfront Lot. The City's Zoning Administrator shall
be notified of each transfer of density and the Zoning Administrator shall issue a letter
Certificate of Transfer confirming the transfer 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.
4. An applicant requesting off-street Parking relating to the Waterfront Lot and provided
within a Structure located on the Inland Lot shall provide a Parking covenant, in a form
acceptable to the City Attorney, to be recorded against the Inland Lot prior to issuance of
a Certificate of Occupancy or Temporary Certificate of Occupancy for the Waterfront Lot,
as applicable. The covenant shall, at a minimum, memorialize the Property location and
number of spaces of the Waterfront Lot for which the Structure on the Inland Lot
provides such parking availability. The applicant may request the removal or modification
of a Parking covenant upon such time that the City Parking requirements are reduced or
the required parking being provided off -site is otherwise satisfied on -site, off -site or
through payment of fees in lieu, if applicable."
Section 4. If any section, part or a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this 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 re -lettered and that the word "Ordinance" may be changed to "Section," "Article," or other
appropriate word to accomplish such intention.
Section 6. This Ordinance shall become effective ten (10) days after final reading and
adoption thereof.2
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
City of Miami File ID: 12006 (Revision:) Printed On: 6/23/2025
APPROVED AS TO FORM AND CORRECTNESS:
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: 12006 (Revision:) Printed On: 6/23/2025