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HomeMy WebLinkAboutSubstitution Memo from Planning DepartmentApproved: CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Arthur Noriega V, City Manager DATE: December 11, 2024 SUBJECT: Substitution of PZ. 20, Update to Legislation File ID 16917 David Snow Director, Planning Department ENCLOSURE: Updated Legislation The purpose of this Substitution Memorandum for Item PZ. 20 on the December 12, 2024 City Commission Agenda is to provide updated legislation. The updates are necessary to incorporate a tiered bonus height program. Upon approval, the updated legislation for the above -referenced Miami 21 Text Amendment will be provided to the City Clerk's Office for distribution to the Mayor and all Commissioners. DocuSigned by: 11146Ar Witt Arthurlonega V, City Manager D S-Jas (A2AAA,to p\ /vvi 1'713 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY AMENDING ARTICLE 3, TITLED "GENERAL TO ZONES", SECTION 3.4, TITLED "DENSITY AND INTENSITY CALCULATIONS," TO CLARIFY DENSITY STANDARDS IN CERTAIN TRANSIT CORRIDORS, AND BY AMENDING ARTICLE 3, TITLED "GENERAL TO ZONES," SECTION 3.14, TITLED "PUBLIC BENEFITS PROGRAM," AND ARTICLE 5, TITLED "SPECIFIC TO ZONES," ILLUSTRATION 5.5, TITLED "GENERAL URBAN TRANSECT ZONES," TO ALLOW BONUS BUILDING HEIGHT WITHIN SPECIFIED TRANSIT CORRIDORS AND TRANSECT ZONES IN EXCHANGE FOR AFFORDABLE/WORKFORCE HOUSING; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, which has been amended from time to time ("Miami 21 Code"); and WHEREAS, development projects located within certain transit corridors and comprising of a range of housing and price options contribute to the creation of compact, pedestrian - oriented, and mixed -use communities in accordance with the Miami 21 Code Guiding Principles; and WHEREAS, the Public Benefits Program allows bonus Building Height in exchange for a developer contribution to specified programs that provide benefits to the public and the neighborhood; and WHEREAS, an amendment is necessary to allow bonus Building Height in T5-O sites and to clarify the density calculations to maintain future growth capacity of the City without the need to rezone to a higher transect zone; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on November 20, 2024, following an advertised public hearing, adopted Resolution No. PZAB-24- 086, by a vote of eight to zero (8-0), item No. PZAB.8 recommending approval of the Miami 21 Code text amendment with a condition and recommendation to the City Commission that there be a height limit of 91 feet total when abutting a T3 Transect Zone; and WHEREAS, consideration has been given to the relationship of this proposed amendment to the goals, objectives and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"), with appropriate consideration as to whether the proposed change will further the goals, objectives and policies of the MCNP, the Miami 21 Code, and other City regulations; and WHEREAS, consideration has been given to the need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary; and WHEREAS, after careful consideration of this matter, it is deemed advisable and the best interest of the general welfare of the City and its inhabitants to amend the Miami 23 ode as hereinafter set forth; ti v NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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 further amended in the following particulars:1 "MIAMI 21 CODE 3.4 DENSITY AND INTENSITY CALCULATIONS 3.4.5 * 1. The allowable Transect Zone Density may be increased as provided by the Future Land Use Element of the Miami Comprehensive Plan (Residential Density Increase Areas), as illustrated in Article 4, Diagram 9. Fes-designation- 2. Properties with an underlying Comprehensive Plan designation that provides for a greater Density than the zoning and meets subsection 3.4.5.2 (a) or (b) below, the applicable Density shall be as permitted by the underlying Comprehensive Plan designation. a. Properties within one-half (1/2) mile of a Metrorail, Brightline, or Tri-Rail station; or b. T5-O sites located within one of the following Transit Corridors: i. NW 7th Avenue ii. Biscayne Boulevard * * * 3.14 PUBLIC BENEFITS PROGRAM ,.r The intent of the Public Benefits Program established in this section is to allow bonus Building Height in T5 and T6 Zones, bonus FLR in T6 Zones, and bonus Building Height in D1 Zones, subject to certain conditions, in exchange for the developer's contribution to specified programs that provide benefits to the public. 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. 3.14.1 The bonus Height and FLR shall be permitted if the proposed Development contributes toward the specified public benefits, neighborhood enhancements, and/or Affordable/Workforce Housing above that which is otherwise required by this Code, in the amount and in the manner as set forth herein. T5 bonus Height 1. The bonus Height shall only be available to properties in a T5 Transect Zone that are not located within or Abutting the Neighborhood Conservation District (NCD) of Coral Gate (NCD-1), Village West Island District and Charles Avenue (NCD-2), or the Single -Family Residential District of the Coconut Grove NCD-3, and satisfy one or more of the following circumstances: a. T5-O site within a TOD not Abutting a T3 Transect Zone; or b. T5-O site within a TOD Abutting a T3 Transect Zone shall be by process of Exception with City Commission approval; or c. T5-O lots assembled and platted prior to Miami 21 that are more than 200,000 square feet shall be by process of Exception with City Commission approval; or d. T5 site that Abuts a D1 Transect Zone except when Abutting a T3 Transect Zone; or e. T5-O site within an Opportunity Zone and within a TOD or a quarter (1/4) mile of a Transit Corridor, but not Abutting a T3 Transect Zone-; or f. T5-O site located within one of the following Transit Corridors: i. NW 7th Avenue ii. Biscayne Boulevard 2. For properties that fall under the above subsections 3.14.1(1)(a) through (d), the bonus Height shall be as follows: T5-O: five (5) Story maximum, bonus to eight (8) Stories; bonus Development Height shall only be permitted through Public Benefits pursuant to Section 3.14 and/or neighborhood enhancements as described below in an amount equivalent to the floor area of the proposed bonus floors, as follows: a. Landscape Enhancements: Development provides for native specimen street trees within the verge with a DBH of twenty-five percent (25%) above the typical standards required by Article 9 and City Code Chapter 17 and are specified within an adopted Street Tree Master Plan. For each tree provided on -site above twenty-five percent (25%) of the standard DBH required, a development shall be allowed an equivalent amount of Floor Area of anticipated mature canopy area provided up to the bonus Height described in Section 3.14.1. b. Park Improvements: As identified under Section 3.14.4.b improvements shall be coordinated with the City's Capital Improvement Program within the associated Commission District. Nothing herein shall prohibit or limit an applicant under this section from making an additional voluntary contribution of amounts in excess of its obligation under this section to be used for Capital Improvements within the associated Commission District. c. Pedestrian and Mobility Connections: Creating or improving pedestrian and mobility connections between the development site and a transit stop and/or other community -serving destinations such as parks, government buildings, and commercial corridors. Such connections may include, but are not limited to, City Right -of -Way crosswalks, sidewalk improvements, street trees, street furnishings, and, traffic calming improvements that are coordinated with the City's Capital Improvements Program of the associated Commission District. i. The value of contributing pedestrian and mobility connection improvements shall be calculated and for said value, the development project shall be allowed additional bonus Height as described in Section 3.14.1, For all applicable purposes, such contributions shall be treated as a Trust Fund contribution pursuant to Section 3.14.4.b.(3). d. On -site Mobility Amenities: For development sites within a TOD area and five hundred (500) feet of the Underline, enhanced on -site mobility amenities may be provided over and above the required bicycle facilities identified within Section 3.6.10. Such mobility amenities include air-conditioned space, lockers, showers, bicycle repair stations, drinking fountains within the mobility amenity space, and increased bicycle storage providing at least twenty percent (20%) more bicycle spaces than required. If at least two of the preceding enhancements are provided, the Development shall be allowed bonus Height of an equivalent amount of Floor Area as described in Section 3.14.1. If at least three (3) of the preceding enhancements are provided, the Development shall be allowed bonus Height of two (2) times the amount of Floor Area as described in Section 3.14.1. If at least four (4) of the preceding enhancements are provided, the Development shall be allowed bonus Height of three (3) times the amount of Floor Area as described in Section 3.14.1. i. The value of contributing on -site mobility amenities shall be calculated and for said value, the development project shall be allowed additional bonus Height as described in Section 3.14.1. For all applicable purposes, such contributions shall be treated as a Trust Fund contribution pursuant to Section 3.14.4.b.(3). 3. For properties that fall under the above subsection 3.14.1(1)(e) through (f), the bonus Height shall be as follows: T5-O: five (5) Story maximum, bonus to eight (8) Stories; bonus Development Height shall only be permitted through the development of a mixed -income building with Dwelling Units provided as described below: 1. Certification by the City of Miami's Housing and Community Development Department, or successor, that the proposed Development is g providing ° (-14944)-ef-the-AMI. the minimum requirements stated herein: i. the first Story of bonus Development Height shall be permitted through the provision of a minimum five percent (5%) of the total Dwelling Units as Affordable/Workforce Housing serving residents at or below one hundred percent (100%) of the AMI; and ii. any additional Stories of bonus Development Height, up to the maximum stated in 3.14.1.3, shall be permitted through the provision of an additional minimum of five percent (5%) of the total Dwelling Units as Affordable/Workforce Housing serving residents at or below eighty percent (80%) of the AMI. r� c'i * *„ ru Section 3. Article 5 of the Miami 21 Code is further amended in the following particulars.' "ARTICLE 5. SPECIFIC TO ZONES * ILLUSTRATION 5.5 GENERAL URBAN TRANSECT ZONES (T5) BUILDING DISPOSITION LOT OCCUPATION a. Lot Area -With hular access rear1,200 5,000 s.f. min.; 40,000 s.f. max. s.f. min :40,000 s.f. maxvehic. b. Lot Width -With rear16 vehicular access 50 ft min. ft min. c. Lot Coverage 80% - 90% max.*, except where greater lot coverage is approved by Exception from City Commission within TOD area. d. Floor Lot RatioN/A (FLR) e. Frontage at,70% front Setback min. f. Open Space 10% Lot Area min. g. Density 65 du/ac max. BUILDING SETBACK a. Principal Front 10 ft. min. b. Secondary10 Front ft. min. c. Side 0 ft. min. d. Rear 0 ft. min. e. Abutting Side26 or Rear T4 6ft 1st through 5th Story ft. min. above the 5th Story, except where lesser setbacks are approved by Exception from City Commission within TOD area. f. Abutting Side orabove Rear T3 10% of Lot depth** min. 1st through 2nd Story 26 ft. min. 2nd Story, except where lesser setbacks are approved by Exception from City Commission within TOD area. BUILDING CONFIGURATION FRONTAGE a. Common Lawn Prohibited b. Porch & Fence Prohibited c. Terrace or L.C. Prohibited d. Forecourt Permitted e. Stoop Permitted f. Shopfront permitted (T5-L and T5-O only) g. Gallery permitted by Special Area Plan h. Arcade permitted by Special Area Plan rtl n ry i. Loggia Permitted BUILDING HEIGHT a. Min. Height 1 Story (15ft min.) b. Max. Height 5 Stories c. Max. Benefit Height • 3 Stories Abutting D1, except when Abutting T3 • 3 Stories within a TOD*** • 3 Stories for lots assembled and platted prior to Miami 21 that are more than 200,000 sq ft.*** • 3 Stories within an Opportunity Zone and a Transit Corridor or TOD • 3 Stories, within one of the following Transit Corridors: i. NW 7th Avenue ii. Biscayne Boulevard * * *,, Section 4. It is the intention that the provisions of this Ordinance shall become and be made a part of the Zoning Ordinance of the City of Miami, Florida, 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. 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 6. This Ordinance shall become effective ten (10) days upon adoption by the City Commission.2 ar 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.