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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 17323 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 CODE"), SPECIFICALLY BY AMENDING ARTICLE 3, SECTION 3.16 OF THE MIAMI 21 CODE, TITLED "WORKFORCE HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS," TO INTRODUCE A NEW WORKFORCE HOUSING PROGRAM WITHIN THE CITY OF MIAMI; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Arthur Noriega V, City Manager on behalf of the City of Miami PURPOSE: Miami 21 Text Amendment to introduce a new Workforce Housing Program, titled Workforce Living Development Program, to promote housing affordability and encourage development of land available for residential use in the City of Miami, specifically located in "T4" General Urban, "T5" Urban Center, and "T6" Urban Core Transect Zones in a manner that emphasizes integration of new housing for individuals and families in the workforce target income group into new, expanding, or redeveloping neighborhoods. FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: On March 19, 2025, recommended approval with conditions, by a vote of 7-0. City of Miami File ID: 17323 (Revision: A) Printed On: 10/1/2025 City of Miami Legislation Ordinance Enactment Number:14394 City Hall 3500 Pan Ameican Drive Miami, FL 33133 www.miamigov.com File Number: 17323 Final Action Date: 9/11/2025 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), SPECIFICALLY BY AMENDING ARTICLE 3, SECTION 3.16 OF THE MIAMI 21 CODE, TITLED "WORKFORCE HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS," TO INTRODUCE A NEW WORKFORCE HOUSING PROGRAM WITHIN THE CITY OF MIAMI; MAKING FINDINGS; 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, in March 2017, the City Commission created Section 3.16 of the Miami 21 Code to encourage developments that include workforce housing serving those in the low to moderate income brackets in order to assist critical members of our community, such as our health care providers, teachers, police officers and firefighters, as well as citizens with limited incomes who do not qualify for subsidies, especially senior citizens; and WHEREAS, the majority of existing and proposed affordable housing developments are located in neighborhoods that are removed from the major employment centers of the urban core of the City of Miami ("City"); and WHEREAS, Chapter 2023-17, as amended by Chapter 2024-188, known at the "Live Local Act," made various changes and additions to affordable housing related programs and policies at both the state and local level; these provisions were approved by the Governor and took effect July 1, 2023; and WHEREAS, the progressive thinking in affordable housing nationally is to favor mixed - income development; and WHEREAS, the workforce target income group includes many public employees and others employed in key occupations that support the local community, and, increasingly, the high cost and short supply of housing affordable to persons and families of moderate income affects many employees in the workforce target income group who consequently cannot afford to live in the City of Miami; and WHEREAS, a Miami 21 Code text amendment is necessary to introduce a new Workforce Housing Program to promote housing affordability and encourage development of land available for residential use in the City, specifically for properties located in "T4," General Urban Transect Zone, "T5," Urban Center Transect Zone, and "T6," Urban Core Transect Zone, in a manner that emphasizes integration of new housing for individuals and families in the City of Miami File ID: 17323 (Revision: A) Printed On: 10/1/2025 workforce target income group into new, expanding, or redeveloping neighborhoods; and WHEREAS, this Miami 21 Code text amendment supports the Miami Comprehensive Neighborhood Plan ("MCNP") Housing Goal HO-1 to support the increase of safe, decent, sanitary affordable and workforce housing to all existing and future residents especially extremely low-, very low-, low-, and moderate -income households and special populations by adding new housing units, rehabilitating existing homes, maintaining and revitalizing residential neighborhoods; and WHEREAS, on March 19, 2025, at a duly noticed public meeting, the Planning, Zoning and Appeals Board ("PZAB") considered the application for Zoning Text, item PZAB, 5, and passed PZAB-R-25-012, recommending approval with the modification that the Area Median Income ("AMI") be raised to 120% rather than 100%, by a vote of seven to zero (7 - 0); and WHEREAS, consideration has been given to the relationship of this amendment to the goals, objectives and policies of the 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 in the best interest of the general welfare of the City and its inhabitants to amend the Miami 21 Code as hereinafter set forth; 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 amended in the following particulars: "MIAMI 21 CODE ARTICLE 3. GENERAL TO ZONES 3.16.A. WORKFORCE HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS 3.16.a.1 As a pre -requisite to qualify as an Attainable Workforce Housing Development eligible for any of the special benefits described in Section 3.16.a, an applicant shall submit to the Office of 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. The added and undated definitions shall be alphabetized City of Miami File ID: 17323 (Revision: A) Printed On: 10/1/2025 Zoning: a. Certification by the City's Housing and Community Development Department that the proposed Development will provide a minimum of twenty-five percent (25%) of the Dwelling Units as Workforce Housing serving residents above sixty percent (60%) of the area median income ("AMI") and at or below eighty percent (80%) of the AMI as published by the United States Department of Housing and Urban Development ("HUD") annually; and the proposed Development will provide the remaining Dwelling Units as Workforce Housing serving residents above sixty percent (60%) of the AMI and at or below one hundred percent (100%) of the AMI as published by HUD annually; b. Verification that the proposed Development is within a quarter ('/4) mile from a Transit Corridor or a half (%2) mile from a Transit Oriented Development ("TOD"); and c. A recorded covenant running with the land, in a form acceptable to the City Attorney, requiring the property meet the criteria in Subsection (a) above for a period of no less than thirty (30) years from the date of the issuance of a temporary or final Certificate of Occupancy, whichever is issued first. 3.16.a.2 Attainable Workforce Housing Developments that Abut a T3 Zone are not eligible for the provisions in Section 3.16.a. Attainable Workforce Housing Developments that abut a T4 Zone shall require a Warrant for consideration under Section 3.16.a. 3.16.a.3 Notwithstanding any conflicting provisions elsewhere in this Code, Attainable Workforce Housing Developments may be developed in accordance with the following, subject to a Warrant: a. Height 1. T5: Maximum building height of seventy-five (75) feet with no limitation on the number of Stories; 2. T6-8: Maximum building height of one hundred twenty-five (125) feet with no limitation on the number of Stories; 3. T6-12: Maximum building height of two hundred forty (240) feet with no limitation on the number of Stories; b. Parking may extend into the Second Layer 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 the Planning Department. c. Pedestrian or Vehicular Cross Block Passages shall not be required. d. Developments 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. e. Developments shall not be subject to maximum Lot Area requirements. f. Developments in T6 Zones shall be exempt from complying with the requirements contained in Sections 5.6.1(h) and 5.6.2(b). g. Setback requirements above the eighth floor may be modified for Developments in T6 Zones. 3.16.a.4 Parking requirements for those units that qualify as Attainable Workforce Housing may be reduced as stated below. The parking reductions below may be cumulative; however, in no event shall parking be reduced by more than eighty percent (80%) of the spaces required. a. A thirty-five percent (35%) reduction in required parking is permitted by Right. b. Within a TOD, an additional reduction of fifteen percent (15%) of required parking is permitted by Right and an additional reduction of fifteen percent (15%) of required City of Miami File ID: 17323 (Revision: A) Printed On: 10/1/2025 parking is permitted for Attainable Workforce Housing Projects by Waiver. c. An additional reduction of up to fifteen percent (15%) of required parking may be permitted by Warrant, upon a showing that the reduction in off-street parking is justified in view of the nature and type of prospective occupancy and the economic circumstances involved, and that the impacts from such reduction are not likely to unduly burden traffic and parking facilities in the neighborhood. d. Attainable Workforce Housing Developments whose parking has been reduced under the terms set forth in Section 3.16.a will continue to operate under the recorded covenant described in Subsection 3.16.a.1(c), until parking requirements applicable at the time of release are met. 3.16.B WORKFORCE LIVING DEVELOPMENT HOUSING PROGRAM SPECIAL BENEFIT SUPPLEMENTAL REGULATIONS 3.16.b.1. As a pre -requisite to qualify as a Workforce Living Housing Development eligible for any of the special benefits described in Section 3.16.b.2, an applicant shall submit to the Office of Zoning all of the following information: a. Certification by the City's Housing and Community Development Department that the proposed Development will provide all of the following: i. A minimum of fifteen percent (15%) of the Dwelling Units serving residents at or below sixty percent (60%) of the AMI as published by the United States Department of Housing and Urban Development annually; ii. A minimum of twenty-five percent (25%) of the Dwelling Units serving residents at or below one hundred percent (100%) of the AMI as published by the United States Department of Housing and Urban Development annually; and iii. A minimum of ten percent (10%) of the Dwelling Units serving residents at or below one hundred twenty percent (120%) of the AMI as published by the United States Department of Housing and Urban Development annually. b. Verification that the proposed Development is within a quarter (1/4) mile of a Transit Corridor, or within a TOD area. c. Verification that the proposed Development does not exceed the Height as described below: i_ T4: Maximum building height of 50 feet with a limit of four (4) Stories; ii. T5: Maximum building height of 75 feet; iii. T6-8: Maximum building height of 125 feet; iv. T6-12: Maximum building height of 240 feet; d. A recorded covenant running with the land acceptable to the City of Miami, confirming the property will meet the criteria in subsection (a) above for a period of no less than thirty (30) years from the date of the issuance of a final Certificate of Occupancy for homeownership or rental housing Development, with two (2) automatic ten (10) year extensions for Development that contains any rental housing that may be released by a vote of the City Commission. Such covenant must also meet all other requirements including those set forth in Chapter 62 of the City Code. e. A narrative in their Building Permit application. The narrative shall include the property address(es), a list of all special benefits applied to the Development under Section 3.16.b.2., and a description of any other associated special entitlements. City of Miami File ID: 17323 (Revision: A) Printed On: 10/1/2025 3.16.b.2. Notwithstanding any conflicting provisions elsewhere in this Code, Workforce Living Housing Developments may be developed in accordance with the following By Right: a. Height 1. T4: Maximum building height of 50 feet with a limit of four (4) Stories; 2. T5: Maximum building height of 75 feet with no limitation on the number of Stories; 3. T6-8: Maximum building height of 125 feet with no limitation on the number of Stories; 4. T6-12: Maximum building height of 240 feet with no limitation on the number of Stories; b. Setbacks: Projects may be developed in accordance with the outlined setbacks below 1. T4: i. Rear: 5' setback, except when abutting T3 ii. Side: 0' setback, except when abutting T3 2. T5: i. When abutting Side or Rear T4: Respective Side or Rear Setback shall be 18ft. min through all Stories. ii. When abutting Side or Rear T4: Respective Side or Rear Setback above the 5th Story shall not have cantilevered balconies. 3. T6: i. Principal Front: 10 ft. min through all Stories ii. When abutting Side or Rear T4: Respective Side or Rear Setback shall be 15 ft. min. 1st through 8th Story; 25 ft. min. above 8th Story iii. When abutting Side or Rear T4: Respective Side or Rear Setback above the 8th Story shall not have cantilevered balconies. c. Lot Area: 1. T4: Lot Area max. increase to 40,000 sf. d. Lot Coverage: 1. T4: 80% lot coverage, except when Abutting T3. e. Density: 1. T4: up to 100% bonus Density. 2. T5: up to 100% bonus Density. 3. T6: up to 100% bonus Density. f. Intensity: 1. T6: A Workforce Living Development that utilizes the provisions of Section 3.16.b.1.a may receive an additional twenty-five percent (25%) bonus FLR. Parking: 1. T4: Parking reduction by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. 2. T5/T6: Parking may extend into the Second Layer 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 of a design to be approved by the Planning Director or designee for one hundred (100%) percent of that portion of the City of Miami File ID: 17323 (Revision: A) Printed On: 10/1/2025 Pedestal Facade where there is no Liner. h. Minimum Size: 1. A one -bedroom Dwelling Unit shall have a minimum size of five hundred (500) square feet. 2. A two -bedroom Dwelling Unit shall have a minimum size of six hundred (600) square feet. i. Dwelling Unit Size: 1. Micro -dwelling units shall be permitted. L Cross Block Passages: 1. T5/T6: Pedestrian or Vehicular Cross Block Passages may be covered. k. Frontages: 1. Development Abutting two (2) or more Thoroughfares shall have only one (1) Principal Frontage. Determination of which Frontage is to serve as the Principal Frontage shall be made by the Zoning Administrator. 3.16.b.3. Parking requirements for those units that qualify as Workforce Living Housing Development may be reduced as stated below. The parking reductions below may be cumulative; however, in no event shall parking be reduced by more than eighty percent (80%) of the spaces required, unless otherwise specially provided herein or above. a. A sixty-five percent (65%) reduction in required parking is permitted By Right. b. An additional reduction of up to fifteen percent (15%) of required parking may be permitted by Warrant, upon a showing that the reduction in off-street parking is justified in view of the nature and type of prospective occupancy and the economic circumstances involved, and that the impacts from such reduction are not likely to unduly burden traffic and parking facilities in the neighborhood. c. Workforce Living Housing Developments in which parking has been reduced under the terms set forth in Section 3.16 will continue to operate under the recorded covenant described in Subsection 3.16.b.1, until parking requirements applicable at the time of release are met. *11 Section 3. 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 4. 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 5. This Ordinance shall become effective ten (10) days upon adoption and signature of the Mayor.2 2 If the Mayor does not sign this Ordinance, it shall become effective at the end of ten (10) calendar 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. City of Miami File ID: 17323 (Revision: A) Printed On: 10/1/2025 APPROVED AS TO FORM AND CORRECTNESS: g III, C y`attorey / 4/15/2025 City of Miami File ID: 17323 (Revision: A) Printed On: 10/1/2025