HomeMy WebLinkAboutO-14421City of Miami
Ordinance 14421
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 17649 Final Action Date: 11/20/2025
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, SECTION 3.14.4, TITLED "PUBLIC BENEFITS," TO ALLOW
ADDITIONAL DEVELOPMENT CAPACITY IN EXCHANGE OF EDUCATIONAL
FACILITIES; AMENDING ARTICLE 4, TABLE 3, TITLED "BUILDING
FUNCTION: USES," AND ARTICLE 6, TITLED "SUPPLEMENTAL
REGULATIONS," TO UPDATE CERTAIN EDUCATIONAL USES SUBJECT TO
SPECIFIC TRANSECT ZONES BY PROCESS OF EXCEPTION, WARRANT OR
BY -RIGHT, AND CLARIFYING PHYSICAL STANDARDS AND REVIEW
STANDARDS FOR EDUCATIONAL USES IN ACCORDANCE WITH CHAPTER
33, ARTICLE XA AND ARTICLE XI OF THE MIAMI-DADE COUNTY CODE;
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
SPONSOR(S): Mayor Francis X. Suarez, Commissioner Ralph "Rafael" Rosado,
Commissioner Damian Pardo
WHEREAS, on October 22, 2009, Ordinance No. 13114 was adopted by the Miami City
Commission as the City of Miami's ("City") Zoning Ordinance, which has been amended from
time to time ("Miami 21 Code"); and
WHEREAS, on June 22, 2023, the City Commission created a legislative pilot program
to allow Educational Uses By Right within the urban core of the City for a period of one (1) year
under Ordinance No. 23-14188; and
WHEREAS, on April 26, 2024, the City Commission discussed the sunset provision of
Ordinance No. 23-14188 during which the City Commission found that it is in the best interest of
the City and its residents to consider an extension of the pilot program for an additional one (1)
year, to July 3, 2025, under Ordinance No. 24-14290; and
WHEREAS, the City, upon the conclusion of the pilot program, conducted a thorough
analysis of existing and proposed educational facilities in the urban core, attached hereto as
Exhibit A, titled "Educational Use Analysis"; and
WHEREAS, during the pilot program, the Special Planning Projects Section of the City's
Planning Department processed three (3) schools for approval under said program; and
WHEREAS, while three (3) new schools were approved, a displacement of established
educational facilities from the City's urban core —most notably within the rapidly redeveloping
Downtown, Brickell, and Edgewater neighborhoods — has occurred over the past few years; and
WHEREAS, this trend has contributed to the emergence of early childhood education
deserts, particularly in areas where affordable, high -quality options are needed; and
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WHEREAS, as the City continues to grow and attract and retain residents, particularly
young professionals and families, there is a growing demand for investments in educational
infrastructure, particularly in the downtown and adjacent neighborhoods; and
WHEREAS, despite recent legislative efforts to expand access, demand for educational
facilities continues to exceed available capacity largely due to the high cost of operating within
the urban core, which has proven prohibitive for many potential providers and non-profit
organizations; and
WHEREAS, the City seeks to support early childhood care and educational facilities by
adopting a cross-sectoral strategy, mobilizing departments and government agencies; and
WHEREAS, as outlined in the Educational Use Analysis under Exhibit "A," the City has
identified several strategies to support educational facilities; and
WHEREAS, under this amendment, the City seeks to establish a public benefit section
to allow for dedication of space to the City in lieu of additional development capacity where said
space will be used for early childhood education facilities, public schools, public agencies, or
non-profit organizations whose primary mission is to promote or support education; and
WHEREAS, the Education Public Benefit section will serve the neighborhood by
providing affordable, below market space for educational facilities; and
WHEREAS, through the Public Benefits program, the City may also provide incentives
for large development projects that contribute to educational infrastructure, thus removing key
barriers to access; and
WHEREAS, the creation of the Education Public Benefit section aims to offset the
displacement of existing schools and non-profit organizations that support and promote
education as part of the public benefits associated with Special Area Plans ("SAPs") due to
redevelopment that results in increases in intensity, density and height; and
WHEREAS, the City has reevaluated its approval processes for Educational Uses
throughout the Transect Zones; and
WHEREAS, Article 4, Table 3 of the Miami 21 Code currently allows specific Educational
Uses in specific Transect Zones by Exception, by Warrant, By Right, or not at all depending on
the specific Use and the specific Transect Zone; and
WHEREAS, the City seeks to simplify the approval process based on specific Transect
Zones, and clarify physical standards and review standards for educational facilities in
accordance with Chapter 33 of the Miami -Dade County Code; and
WHEREAS, the Miami Comprehensive Neighborhood Plan ("MCNP") objectives and
policies support this amendment, including Objective EDU-1.3, Policy EDU-1.3.1, Objective
EDU-1.5, and Policy EDU-1.7.2; and
WHEREAS, Objective EDU-1.3 of the MCNP establishes an objective to "obtain suitable
sites for the development and expansion of public education facilities"; and
WHEREAS, Policy EDU-1.3.1 of the MCNP provides that "[i]n the selection of sites for
future educational facility development, the City encourages the Miami -Dade County Public
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Schools to consider whether a school is in close proximity to residential areas and is in a
location that would provide a logical focal point for community activities"; and
WHEREAS, Objective EDU-1.5 of the MCNP establishes an objective to "[c]ontinue to
develop programs and opportunities to bring the schools and community closer together"; and
WHEREAS, on October 8, 2025, at a duly notice public meeting, the Planning, Zoning
and Appeals Board ("PZAB") considered the application for changing the zoning text, Item
PZAB.19, and passed PZAB-R-25-057, recommending approval, by a vote of seven to zero (7-
0); and
WHEREAS, consideration has been given to the relationship of this proposed
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:'
"ARTICLE 3. GENERAL TO ZONES
SECTION 3.14 PUBLIC BENEFITS
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.
3.14.4
For the purposes of the public benefits program, the following criteria shall apply:
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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a. Affordable/Workforce Housing. The development project in a T6 zone may provide any
of the following or combination thereof:
1. Affordable/Workforce Housing on site of the development. For each square foot of
Affordable/Workforce Housing priced at or below eighty percent (80%) area median
income (including pertaining shared space such as parking and circulation) provided
on site, the development shall be allowed three (3) square feet of additional area up
to the bonus Height and FLR as described in Section 3.14.1. For each square foot of
Affordable/Workforce Housing priced above eighty percent (80%) area median
income (including pertaining shared space such as parking and circulation) provided
on -site, the development shall be allowed an equivalent amount of development
Floor Area up to the bonus Height and FLR as described in Section 3.14.1.
2. Affordable/Workforce Housing off -site. For each square foot of Affordable/Workforce
Housing (including pertaining shared space such as parking and circulation) provided
off site, in a location within the City approved by the City Manager, the development
shall be allowed an equivalent square footage of additional area up to the bonus
Height and FLR as described in Section 3.14.1. No additional allowance is given for
the purchase of the site.
3. Trust Fund contributions. For a cash contribution to the Miami 21 Public Benefit Trust
Fund, the development shall be allowed additional Floor Area up to the bonus Height
and FLR described in Section 3.14.1. The cash contribution shall be determined
based on a percentage of the market value of the per square foot price being
charged for units at projects within the market area where the proposed project
seeking the bonus is located. The calculation assumes a land value per saleable or
rentable square foot within market area to equate to between 10 (ten) to 15 (fifteen)
percent of market area's weighted average sales price per square foot. The cash
contributions shall be adjusted on an annual basis to reflect market conditions
effective October 1st of every year.
b. Public Parks, Open Space, or Park Improvements. The development project may
provide any of the following or combination thereof:
1. Public Park, or Open Space, provided through purchase and in an area of need
identified by the City Parks and Open Space Master Plan and the City's Parks
Department. In addition park improvements provided through donation for Public
Parks with amenity levels that are Moderate or that Need Improvement as defined by
the Parks Department Facilities' Assessment Report.
i. For each square foot of dedicated public Park or Open Space provided, the
development shall be allowed two times the development Floor Area of provided
land up to the bonus Height and FLR as described in Section 3.14.1. The Open
Space may be a Park, Green or Square, as more fully described in Article 4,
Table 7 of this Code.
ii. Park improvements shall be valuated and for said value the development project
shall be allowed additional Floor Area up to the bonus Height and FLR described
in Section 3.14.1 and shall for all applicable purposes be treated as a Trust Fund
contribution pursuant to Section 3.14.4.b.(3).
iii. Park improvements for Public Parks in areas below 50% median income
threshold shall be allowed two times the valuation credit.
iv. Park improvements for Public Parks located within five hundred (500) feet of the
development site and that are within a T5 Transect Zone and a TOD area shall
be allowed two (2) times the valuation credit for up to 50% of the Floor Area. Park
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improvements for Public Parks located within five hundred (500) feet of the
development site that are within a T5 Transect Zone and a TOD area with a
Metrorail, Brightline or Tri-Rail station shall be allowed five (5) times the valuation
credit for up to 50% of the Floor Area.
v. Donations must meet all City requirements for design, equipment specifications,
construction, warranties, etc. Park improvements are subject to review and
approval by the City Manager or designee in accordance with Miami 21.
2. Public Open Space provided on -site in a location and of a design to be approved by
the Planning Director. For each square foot of dedicated public Park or Open Space
provided, the development shall be allowed an equivalent amount of development
Floor Area up to the bonus Height and FLR as described in Section 3.14.1. The
project shall maintain the Frontage requirements of the Transect Zone. The Open
Space may be a Courtyard, Plaza, or Thoroughfare or Pedestrian Passage through
the site connecting two (2) Thoroughfares, such as a segment of the Baywalk or FEC
Greenway. See Article 4, Table 7.
3. Trust Fund contribution. For a cash contribution to the Miami 21 Public Benefits Trust
Fund, the development project shall be allowed additional Floor Area up to the bonus
Height and FLR described in Section 3.14.1. The cash contribution shall be
determined based on a percentage of the market value of the per square foot price
being charged for units at projects within the market area where the proposed project
seeking the bonus is located. The calculation assumes a land value per saleable or
rentable square foot within market area to equate to between 10 (ten) to 15 (fifteen)
percent of market area's weighted average sales price per square foot. The cash
contributions shall be adjusted on an annual basis to reflect market conditions
effective October 1st of every year.
c. Historic Preservation. The second half of a Development's requested Bonus Floor Area
to the maximum bonus Height and FLR as described in Section 3.14.1 shall be allowed
for additional square footage qualified under the city Transfer of Development Rights
program established in Chapter 23, City Code.
d. Green Building. Additional Height and FLR shall be allowed for Buildings certified by the
U.S. Green Building Council (USGBC) or for Buildings in a T5 Transect zone within one-
half (1/2) mile of a Metrorail, Brightline or Tri-Rail station certified by the Florida Green
Building Coalition (FGBC) as follows:
1. Silver, USGBC: For Buildings under 50,000 sf, 2.0% of the floor lot ratio (FLR)
2. Silver, FGBC: 20% of the non -Bonus Floor Area in a T5 zone within one-half (1/2)
mile of a Metrorail, Brightline or Tri-Rail station.
3. Gold, USGBC: 4.0% of the Floor Lot Ratio (FLR)
4. Gold, FGBC: 30% of the non -Bonus Floor Area in a T5 zone within one-half (1/2)
mile of a Metrorail, Brightline or Tri-Rail station.
5. Platinum, USGBC: 13.0% of the Floor Lot Ratio (FLR)
If at the time the first Certificate of Occupancy is issued for the Building that
received a public benefits bonus for a Green Building, the anticipated LEED or
FGBC certification, as applicable, has not been achieved, then the owner shall
post a performance bond in a form acceptable to the City of Miami. The
performance bond shall be determined based on the value of land per square
foot of Building in the area of the City in which the proposed project is located,
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which may be adjusted from time to time based on market conditions. The
methodology for determining the value of land per square foot of Building shall be
maintained in the Planning Department. The City will draw down on the bond
funds if LEED or FGBC certification, as applicable, has not been achieved and
accepted by the City within one year of the City issuance of the Certificate of
Occupancy for the Building. Funds that become available to the City from the
forfeiture of the performance bond shall be placed in the Miami 21 Public
Benefits Trust Fund established by this Code.
e. Brownfields. One additional Story of Height shall be permitted for redevelopment on a
Brownfield Site as defined herein.
Civic Space Types and Civil Support Uses. For a development project in a T6 zone that
donates a Civic Space Types or Civil Support Uses on site to the City of Miami, an
additional two square feet of area for each square foot of donated space or use, up to
the bonus Height and FLR, shall be allowed.
q Education. Within the T6 Transect Zone, development projects that convey on -site space
to the City may be eligible for a bonus of up to two (2) additional stories, not to exceed
thirty (30) feet above the maximum permitted podium height. To qualify for this incentive,
the applicant shall dedicate to the City a minimum of fifteen percent (15%) of the total
square footage gained through the bonus height provision. The conveyed space shall be
used exclusively for early childhood education facilities, public schools, public agencies,
or non-profit organizations whose primary mission is to promote or support education
from preschool to grade 12. Designated schools operated by Miami -Dade County Public
Schools (M-DCPS) shall have the highest priority as recipient for any available education
space."
Section 3. Article 4 of the Miami 21 Code is hereby amended in the following
particulars:I
"ARTICLE 4. STANDARDS AND TABLES
TABLE 3. BUILDING FUNCTIONS: USES
T3
T4
T5
T6
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URBAN
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CIVIC
DISTRICTS
EDUCATIONAL
CHILDCARE
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W
W
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File ID: 17649
Enactment Number: 14421
WRRWRR
R
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W
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*„
Section 4. Article 6 of the Miami 21 Code is hereby amended in the following
particulars:1
"ARTICLE 6. SUPPLEMENTAL REGULATIONS
6.3.7 Educational Uses
Educational Uses shall comply with all applicable criteria such as but not limited to Physical and
Review Standards as listed in Chapter 33, Article XA, titled "Educational and Childcare
Facilities, nonpublic," and Article XI, titled "Public Charter School Facilities," of the Miami -Dade
County Code. All Educational Uses shall comply with all other development standards under the
Miami 21 Code.
a. Permitting and Criteria. All new Educational Uses shall submit to the Planning Department
for review and confirmation of compliance with the following standards and criteria:
(1) Total size of the site and Floor Area of the proposed Educational Use; and
(2) Maximum number of students; and
(3) Number of teachers and administrative and clerical personnel; and
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(4) Number of classrooms and total square footage of classroom space; and
(5) Total square footage of non -classroom space; and
(6) Amount of exterior recreational/play area in square footage; and
(7) Number and type of vehicles that will be used in conjunction with the operation of the
facility; and
(8) Number of parking spaces provided for staff, visitors, and transportation vehicles,
and justification that those spaces are sufficient for this facility; and
(9) Grades or age groups that will be served; and
(10) Days and hours of operations; and
(11) Means of compliance with requirements of Miami -Dade County regulations, and any
state and federal guidelines and regulations applicable to the specific application; and
(12) Compliance with Chapter 62 of the City Code — City of Miami traffic regulations; and
(13) Compliance with all other provisions for Educational Uses in the Miami 21 Code
regarding the design, outdoor space, and other features as may be required."
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. It is the intention of the City Commission 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 7. This Ordinance shall become effective ten (10) days after adoption.2
APPROVED AS TO FORM AND CORRECTNESS:
ng III, City ttor' -y 10/14/2025
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.
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