HomeMy WebLinkAboutPZAB (18248) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-25-057
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 18248 Date Rendered: 10/09/2025
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD,
RECOMMENDING TO THE MIAMI CITY COMMISSION APPROVAL OF AN
ORDINANCE 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, 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.
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 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 sunset provision 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
Date Rendered: 10/09/2025
City of Miami Page 1 of 9 File ID: 18248 (Revision:) Printed On: 10/9/2025
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 developments projects that contribute to educational infrastructure, thus removing key
barriers to access; and
WHEREAS, the creation of the Education Public Benefit section is 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
City of Miami Page 2 of 9 File ID: 18248 (Revision:) Printed On: 10/9/2025
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
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, 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 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 is amended by making modifications to Article 3 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:
' 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 Page 3 of 9 File ID: 18248 (Revision:) Printed On: 10/9/2025
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.
City of Miami Page 4 of 9 File ID: 18248 (Revision:) Printed On: 10/9/2025
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
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
City of Miami Page 5 of 9 File ID: 18248 (Revision:) Printed On: 10/9/2025
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,
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.
f. 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. The Planning, Zoning and Appeals Board hereby recommends to the City
Commission that the Miami 21 Code, is amended by making modifications to Article 4 in the
following particulars: 2
"ARTICLE 4. STANDARDS AND TABLES
TABLE 3. BUILDING FUNCTIONS: USES
2 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 Page 6 of 9 File ID: 18248 (Revision:) Printed On: 10/9/2025
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Section 4. The Planning, Zoning and Appeals Board hereby recommends to the City
Commission that the Miami 21 Code, Article 6 be amended in the following particulars: 3
3 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 Page 7 of 9 File ID: 18248 (Revision:) Printed On: 10/9/2025
"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
(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 City of Miami Traffic regulations; and
(13) Compliance with all other provisions for Educational Uses in Miami 21 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
Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected.
Section 6. It is recommended to the City Commission that the provisions of the
Ordinance become and be made a part of the Miami 21 Code, 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 Resolution shall become effective immediately upon adoption.
City of Miami Page 8 of 9 File ID: 18248 (Revision:) Printed On: 10/9/2025
Reviewed and Approved:
David Snow
City of Miami Page 9 of 9 File ID: 18248 (Revision:) Printed On: 10/9/2025
SPECIAL PROJECTS
DIVISION
Educational Use Analysis
The growing demand for Educational Facilities in the Urban Core
Planning Department
444 SW 2nd Ave
Miami, FL 33130
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Educational Uses
Summary of Article 6. Section 6.3.7
Lead Division: Special Projects Division, Planning Department
Project Manager: Richard Cody Brown, ext. 1409
Division Lead: Efren Nunez, ext. 1402
Special Projects
Planning Department
Overview
The downtown core of the City of Miami is experiencing rapid population growth, bringing with it
an urgent need for expanded infrastructure to support families —particularly in the areas of
preschools and early childhood educational facilities. Among the most pressing challenges is
the significant gap in access to high -quality, affordable early childhood educational facilities for
children under the age of eight. This shortage disproportionately affects working families and low-
income households, exacerbating existing economic and social inequities.
Accessible and reliable childcare is not only a fundamental support for working parents —it is a
critical component of a thriving, equitable community. When families have access to affordable
early education, parents are better able to participate in the workforce and pursue economic
stability. At the same time, young children who attend high -quality early learning programs benefit
from improved cognitive, social, and emotional development. Decades of research show that early
childhood education can play a transformative role in closing academic opportunity gaps,
reducing future disparities in educational achievement, and setting the foundation for long-term
success in school and life.
As the City continues to grow and attract new residents, particularly young professionals and
families, there is a clear and growing demand for investments in early childhood infrastructure.
Expanding access to childcare in the downtown area should be a strategic priority for Miami's long-
term economic resilience, social equity, and educational outcomes.
In recent years, the Planning Department has documented a significant displacement of
established educational facilities from Miami's urban core —most notably within the rapidly
redeveloping Downtown, Brickell and Edgewater neighborhoods. This trend has contributed to
the emergence of early childhood education deserts, particularly in areas where affordable, high -
quality options are critically needed.
The Special Planning Projects Section of the Planning Department plays a key role in addressing
this challenge. The Section is charged with overseeing and ensuring compliance with the
educational facility requirements outlined in both the Miami 21 Code and the Miami -Dade County
Code. Furthermore, it is responsible for facilitating and streamlining the approval process for new
educational facilities, such as daycares, preschools, charter schools, and private schools. See
attachment A titled "Educational Facilities".
www.MIAMIGOV.com
Special Projects
Planning Department
Despite recent legislative efforts to
expand access, demand for educational
facilities continues to exceed available
capacity. Although Ordinance No. 23-
14188 was adopted to allow all
Educational Uses by -right within the T6
Transect Zone in the Downtown Miami
area, only a limited number of
applications have been submitted. This is
largely due to the high cost of operating
within the urban core, which has proven
cost prohibitive for many potential
providers. Planning notes there has been
out migration from established schools in Brickell and Edgewater to other parts
neighborhoods redevelop.
of the city as those
A brief summary of Ordinance No. 23-14188 is provided below, followed by staff
recommendations.
Summary of Article 6. Section 6.3.7
Background
On June 22, 2023, the City Commission adopted Ordinance No. 23-14188 to allow Educational
Uses By Right in "T6" Urban Core Transect Zone.
Ordinance No. 23-14188 further provided for a one-year sunset provision, specifically July 3, 2024,
and directed the City Manager to place a discussion item on a City Commission agenda to review
the ordinance nine (9) months after adoption the City Commission may create legislative pilot
programs within the City for a limited period of time not to exceed one (1) year, which may be
reinstated for one (1) additional year upon approval by the City Commission;
On April 26, 2024, the City Commission discussed the sunset provision of Ordinance No. 23-
14188. The City Commission found that it is in the best interest of the City and its residents to
consider an extension of the sunset provision of Ordinance No. 23-14188 for an additional one (1)
year, to July 3, 2025.
Since the adoption of the legislation, the Special Planning Projects Section has processed two (2)
schools (Key Point Academy, Primer Micro School) and is currently reviewing one (1) application
for and Colibri Child Academy.
Key Point Academy
• Preschool - 126 Students
• Elementary - 242 Students
• Junior High and Senior High - 232 Students
Total: 600 Students
Primer Micro School
• Elementary - Total 24 Students
Under Review: Colibri Child Academy - Preschool
www.MIAMIGOV.com
4
Ordinance No. 23-14188
Article 6, Section 6.3.7 Educational Uses in the Downtown
Miami Area
The purpose and intent of these regulations are to permit all
Educational Uses within the T6 Transect Zone in the Downtown
Miami Area By -Right in order to encourage educational facility
opportunities in close proximity to the City's core. Educational
Uses within the T6 Transect Zone shall be allowed By Right in
the Downtown Miami Area if it meets the below criteria. This
Section will sunset on July 3, 2025, if not otherwise extended.
a. Boundary. Downtown Miami Area is defined as all T6
Transect Zone properties that lie within the boundaries of west of Biscayne Bay, south of
Northeast 24th Street, east of Biscayne Boulevard until 395, then east of 95 until West Flagler
Street, then east of the Miami River; or south of the Miami River, east of 95 to the Metromover
line, Northwest of the Metromover line to Southeast 15th Road then north of Southeast 15th
Road with Biscayne Bay to the east, except for the properties fronting Brickell Bay Drive; or
located at 888 MacArthur Causeway; included in the boundary are properties located on
Brickell Key; specifically excluding all T6 Transect Zone properties within a 500-foot walking
distance as measured by a surveyor from edge of the property to the closest T3 Transect
Zone property.
Special Projects
Planning Department
b. 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
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 City of Miami Traffic regulations; and
13. Compliance with all other provisions for Educational Uses in Miami 21 regarding
the design, outdoor space, and other features as may be required.
The associated Boundary Map is depicted in page 5 for your reference.
www.MIAMIGOV.com
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Educational Uses in the Urban Core
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Special Projects
Planning Department
The criteria stated in this Miami 21 Code Section align with the minimum requirements set forth by
Miami -Dade County, Article XA, Section 33-151-.15. The City is required to abide by Miami -Dade
County's requirements pursuant to Section 33-151.11, "... No municipality shall adopt physical
standards governing day nurseries, kindergartens or after school care that are in conflict with or in
addition to the standards contained in this article, whether more or less restrictive than the
standards contained herein".
Schools play a vital role in a neighborhood; however, the operation of a school can have a negative
impact on the surrounding neighborhood by dramatically increasing traffic and generating excess
noise. The regulations presently imposed by the County for Educational Uses are important for the
health and safety of students, and to minimize the impact schools have on the immediate
neighborhood.
The Planning Department receives inquiries about Educational Uses regularly, approximately once
a week. The bulk of these requests are for the operation of Childcare (Daycare), Preschool, and
Elementary School Uses. See attachmentA titled "Educational Facilities".
Recommendations:
Investing in early childhood care is a strategic approach to strengthening neighborhood economies
by increasing workforce participation and promoting long-term economic stability. To maximize
impact, the city must adopt a cross-sectoral strategy, mobilizing departments and agencies to
ensure early childhood workforce programs receive the sustained support and resources they
require.
5 Ways the City can Support Early Childhood Educational Facilities.
1. Adaptive Zoning Laws
Reforming zoning laws is essential to expanding access to childcare and educational
facilities in urban areas. These regulations play a major role in determining where
educational facilities can operate, what types of buildings they can use, and what
safety and space standards they must meet. By making zoning codes more inclusive
and flexible, cities can make it easier to establish new childcare centers —particularly in
communities that currently lack them. This could include measures such as permitting
educational facilities by -right in all T6 transect zones, streamlining approval processes,
and offering clear, accessible compliance criteria. These changes not only help
increase the availability of educational facilities but also strengthen local economies
and support working families, contributing to a more child -friendly and equitable
urban landscape.
• Streamlining the entitlement process: The Special Planning Project Section
currently provides a concierge service to Applicants seeking to establish an
educational facilities within the City. Staff has created simplified Education
Use Checklist forms to assist Applicants with calculations as determined by
State and County regulations (Class and Recreation Space Requirements /
Parking and Stacking).
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• By -Right Zoning: The City Commission via Ordinance No. 23-14188
established a by -right zone for Educational Facilities within the Urban Core.
However, only two applications have been approved under the program.
Land Cost continues to remain an issue. Expand the program to include all
parcels zoned T6, except those parcels abutting a T3.
• Allow Preschools and Elementary Schools in CS via Warrant vs by Exception -
subject to design criteria. (a percentage of the lot(s)). See "Proposed changes
to Table 3" on page 9
• Incentives -Offer Development Incentives such as Bonus Height and FLR for
projects that incorporate educational facilities through the proposed
Education, Art and Culture Public Benefits Program. This incentive would
allow for additional FLR and Height, up to two additional stories with an
additional height of up to 30 feet to the podium.
2. Special Area Plans (SAP) Public Benefit
Section 3.9 (f) "Special Area Plans"
Development within the Special Area Plan shall be pursuant to a recorded
development agreement that will establish the allocation of Thoroughfares and
Civic Space Types and Building Area among the Building sites, and the creation
and retention of the public benefits.
Currently under Section 3.9(f) the city may work with the applicant to identify ways
to mitigate against any adverse impacts that may result from said development.
Example, dedicated space for an educational facility to serve the neighborhood, or
to offsetthe displacement from an existing school as a result of the density increase.
Under Section 3.9(f)... creation and retention of public benefits, the city may
establish criteria as to what constitutes a public benefit. Example providing,
allocating and or conveying space to the city for the use of an educational facility
(k-12 grade school). Said space shall be managed by the city. The city shall work
with Miami -Dade County Public Schools and/or certified nonprofit organizations
and shall sublease said space at a reduced or below market rate. This would allow
for vertical integration of educational facilities within large-scale development
projects, while providing relief to existing educational facilities. (Example South
Side Elementary). In the event, market conditions for education facility are not
warranted, said space shall be allocated for arts and culture.
3. Public Benefits 3.14.4
Amend Chapter 62, Article XIV - Public Benefits Trust Fund
Establish the creation of the Education, Arts, and Culture Trust Fund. The Fund shall
be established in order to collect monetary contributions as established in the Miami
21 Code, as amended, the zoning ordinance of the city, to support education, arts
and culture within the municipal boundaries.
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4. Office of Early Childhood "OEC"
Establish the Office of Early Childhood "OEC", which shall be committed to
universal, affordable, high -quality early education and care for all infants, toddlers,
and children under eight residing or whose parents / guardians work within the city.
• The OEC shall be tasked with managing all space conveyed to the city for
Educational Facilities as part of a Public Benefit or Proffer. The OEC shall work
with Miami -Dade County Public Schools, and preapproved nonprofit
organizations to sublease said spaces at a below market rate.
• Establish and manage the "Stimulus and Stability Fund for Early Childhood
Educational Facilities" The OEC will be tasked with managing the competitive
grant program. The grant is intended to provide financial assistance to early
childhood educational facilities in underserved neighborhoods. The grant
shall be funded by the Education, Arts and Culture Public Benefits Trust.
• Establish a tuition subsidy grant for low-income families.
5. Miami 21 and Chapter 62
Amend the Code to require development projects over 200,000 sq. ft. to
dedicate a percentage of said sq. ft. for the use of an early childhood educational
facility or pay a fee into the Public Benefits Trust Fund. (Ex. City of Boston - Fee is
$100.00 per sq. ft. of the required space.) and/or
Bonus podium height for development projects located in the T6 transect Zone
that allocate a min of 15% of the gained sq. ft. for an Educational Use in
accordance with Section 3.14.4.
Conclusion:
To create a more inclusive, equitable, and family -friendly urban environment, the city must take a
proactive role in supporting early childhood and primary educational facilities. By implementing
adaptive zoning reforms, leveraging Special Area Plans to secure space for educational uses,
establishing a dedicated public benefits trust fund, creating an Office of Early Childhood, and
amending Miami 21 and Chapter 62 to ensure large developments contribute to educational
infrastructure, the City can remove key barriers to access. These five strategic actions will not only
expand the availability of high -quality early childhood and primary education but also foster stronger
communities, support working families, and ensure that economic development includes space for
the city's youngest residents.
Through intentional planning, financial investment, and strategic partnerships with Miami -Dade
County Public Schools, and nonprofit providers, the City can become a national leader in early
childhood and primary education and set a precedent for how urban policy can support future
generations.
Efren Nunez
Senior Planning Project Manager
efrennunez@miamigov.com
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Phase I
Proposed changes to Table 3 (Educational Uses)
Special Projects
Planning Department
TABLE 3 BUILDING FUNCTION
USES
T4
T5
T6
C
D
T3
R
L
O
R
L
O
R
L
O
R
L
O
CS
CI
CI -HD
D1
D2
D3
SUB -URBAN
URBAN
GENERAL
URBAN
CENTER
URBAN
CORE
CIVIC
DISTRICTS
EDUCATIONAL
Childcare
€ W
W R
W R
€ W
W R
W R
W***`*
W****"
R
W*****
€
W*"***
€
W"""
R
€ W
R
R
College/University
W
W
W"*`*"
R
W"«`""
R
E
R
E
Elementary School
E
E
E
E
€ W
€ W
W
W
W R
E*****
W*****
W
W*****
E
R
E
W***"
R
Learning Center
E
E
R
R
R*"°"'
R*"*"*
€
E
R
E
Middle 1 High School
E
E
E
E
€ W
€ W
€ W
W
W
W*—
R
W*�
R
E
R
E
w .***
Pre -School
E
E
E
E
€ W
€ W
€ W
R
R
€*"*"`
R.*..*
IR=
E*****
€
W "'
R
€
W*****
R
R
Research Facility
R
R
R
R
E
R
R
R
W
R
R
Special Training Vocational
E
W
W
*****
W.*'**
W
W*****
W
E
R
R
R
W
R —Allowed Right
R -Allowed By Right
W - Allowed ay Warrant: Administrative Process - CRC (Coordinated Review Committee)
E - Allowed By Exception: Public Hearing - granted by PZAB (Planning, Zoning & Appeals Board)
Boxes with no designation signify Use prohibited.
* **** Educational Uses may be allowed By -Right if the requirements are met in Article 6, titled Supplemental Regulations
* ****"Educational Uses in (CS, CI) such as Childcare, Learning Center, Pre -Schools when operated by the City, County, or State may be allowed if the
requirements are met in Article 6, titled Supplemental Regulations.
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