HomeMy WebLinkAboutPZAB (17317) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-25-012
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 17317 Final Action Date: 3/19/2025
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD,
RECOMMENDING TO THE MIAMI CITY COMMISSION APPROVAL WITH
MODIFICATIONS OF AN ORDINANCE 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, TITLED,
"WORKFORCE HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL
REGULATIONS", TO UPDATE AND CLARIFY THE AFFORDABLE, ATTAINABLE
MIXED -INCOME, AND WORKFORCE HOUSING PROGRAMS AND 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 development
are located in neighborhoods that are removed from the major employment centers of the
urban core of the City of Miami ("City"); and
WHEREAS, Senate Bill 102 (2023), as amended by Senate Bill 328 (2024), 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. Increasingly,
the high cost and short supply of housing affordable to persons and families of moderate
income mean that many employees in the workforce target income group cannot afford to
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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 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, 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, the Planning, Zoning and Appeals Board ("PZAB") conducted a
hearing on the text amendment, gave full consideration to the Planning Director's
recommendations, and evaluated whether the text amendment met the criteria of the
Miami 21 Code and whether it should be granted, granted with modifications or denied;
and
WHEREAS, after careful consideration of this matter, the PZAB recommended
that the Miami 21 Code text amendment be approved with the modification that the Area
Median Income ("AMI") be raised to 120%, rather than 100%;
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND
APPEALS BOARD OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted and incorporated as if fully set forth in this Section.
Section 2. The Planning, Zoning and Appeals Board hereby recommends to the City
Commission that the Miami 21 Code be amended by making modifications to Article 3, titled
"General to Zones" in the following particulars with the modification that the Area Median
Income ("AMI") be raised to 120%, rather than 100%:1
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 updated definitions shall be alphabetized.
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"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
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 (1/4) 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
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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
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 Development Program eligible for any of the
special benefits described in Section 3.16.b.2, an applicant shall submit to the Office of Zoning:
a. Certification by the City's Housing and Community Development Department that the
proposed Development will provide a minimum of fifty percent (50%) of the Dwelling
Units as Workforce Housing 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.
b. All Developments under this Section must also submit verification that the proposed
Development is within a quarter (1/4) mile of a Transit Corridor, or within a TOD area.
c. All Developments under this Section must also submit 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
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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.
d. All Developments under this Section must also submit a signed Letter of Intent ("LOI") in
their Building Permit application package. The LOI must include the property
address(es), explain the application, and provide an overview of the application.
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.
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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.
g_ 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 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 Development Housing
Program 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 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.
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*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
Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected.
Section 5. This Resolution shall become effective immediately upon adoption.
Reviewed and Approved:
David@ow, lsiskanSreor ' 3/30/2025
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