HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE
File ID: #18452
Ordinance
Sponsored by: Damian Pardo, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), TITLED "PLANNING AND ZONING," TO CREATE A NEW
ARTICLE XX, TITLED "RESILIENCE TRUST FUND," THEREBY ESTABLISHING
LAND DEVELOPMENT REGULATIONS THAT IMPLEMENT DOUBLING OF DENSITY
ALLOWED FOR ALL APPLICABLE FUTURE LAND USE DESIGNATIONS PURSUANT
TO THE INTERPRETATION OF THE FUTURE LAND USE MAP OF THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
City of Miami File ID: 18452 (Revision: 8) Printed On: 2/4/2026
City of Miami
Legislation
Ordinance
Enactment Number: 14435
File Number: 18452 Final Action Date: 1/8/2026
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), TITLED "PLANNING AND ZONING," TO CREATE A NEW
ARTICLE XX, TITLED "RESILIENCE TRUST FUND," THEREBY ESTABLISHING
LAND DEVELOPMENT REGULATIONS THAT IMPLEMENT DOUBLING OF DENSITY
ALLOWED FOR ALL APPLICABLE FUTURE LAND USE DESIGNATIONS PURSUANT
TO THE INTERPRETATION OF THE FUTURE LAND USE MAP OF THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, the Miami Comprehensive Neighborhood Plan ("MCNP") is the
Comprehensive Plan for the City of Miami ("City") and allows for density increases by up to one
hundred percent (100%) for various Future Land Use designations under the Interpretation of
the Future Land Use Map; and
WHEREAS, the implementation of said density increases are deferred to the applicable
land development regulations; and
WHEREAS, Ordinance No. 13114, the Zoning Code of the City of Miami, Florida, as
amended ("Miami 21 Code") includes the City's land development regulations; and
WHEREAS, this ordinance establishes the Resilience Trust Fund to receive monetary
contributions for certain infrastructure improvements as a part of a program that would allow an
increase in density; and
WHEREAS, the density increases that will be allowed through this program will be
specified in the Miami 21 Code, including Article 4, Table 4; and
WHEREAS, the City has a known affordability crisis, and increasing the supply of
housing units will help stabilize rents and home prices through basic supply and demand
economics; and
WHEREAS, neighborhoods with some of the highest demand for residential
development have Future Land Use designations that allow density increases by up to one
hundred percent (100%); and
WHEREAS, some of these neighborhoods are also located in the Coastal High Hazard
Area ("CHHA") or Miami -Dade County's Storm Surge Planning Zone's A, B, or C; and
WHEREAS, Policy CM-4.1.2 of the MCNP is meant to mitigate against the potentially
adverse effects of the CHHA; and
City of Miami File ID: 18452 (Revision: 8) Printed On: 2/4/2026
WHEREAS, Policy LU-1.1.13 and Objective LU-1.3 of the MCNP are meant to protect
the character of existing neighborhoods, which has the negative externality of reducing available
land area for developing more housing by virtue of protecting areas with the Future Land Use
designations of "Single -Family Residential" and "Duplex Residential" which together account for
approximately forty-four and seventy-six hundredths percent (44.76%) of all land in the City;
and
WHEREAS, the creation of the Resilience Trust Fund will allow for residential
development at increased density in high -demand, high density residential areas, which tend to
be located within the CHHA or Storm Surge Planning Zones A, B, or C with a contribution into
the Resilience Trust Fund to mitigate against potentially adverse impacts of developing in these
areas; and
WHEREAS, the money collected in the Resilience Trust Fund will be used for capital
improvements projects that will reduce flooding where increased density will be built; and
WHEREAS, the Resilience Trust Fund has specified Resilience Fund Areas where this
program is applicable and where the money must be spent as specified in Chapter 62 of the
Code of the City of Miami, Florida, as amended ("City Code"); and
WHEREAS, the Resilience Trust Fund will generate money to address deficiencies; and
WHEREAS, this program is only applicable to those properties within Resilience Fund
Areas described in Exhibit "A," which are limited to certain areas in Omni/Edgewater and any
improvements constructed with the monies in the Resilience Trust Fund shall be within the
confines of the Omni/Edgewater neighborhood; and
WHEREAS, targeting these high -demand, high -density areas will avoid encroaching of
potentially incompatible land uses on less dense residential neighborhoods; and
WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on October
15, 2025, following an advertised public hearing, adopted Resolution No. PZAB-R-25-070 by a
vote of eleven to zero (11-0), Item No. 4, recommending approval of this amendment to the City
Code as set forth herein; and
WHEREAS, the City's Climate Resilience Committee reviewed and discussed this
legislation at their meeting on November 10, 2025; and
WHEREAS, it has been determined that the Resilience Trust Fund is justified and
essential to meeting the housing needs and demands of the City while also addressing the
public's health, safety, and welfare;
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 by reference and incorporated as fully set forth in this Section.
Section 2. Chapter 62 of the City Code is amended in the following particulars:
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.
City of Miami File ID: 18452 (Revision: 8) Printed On: 2/4/2026
"ARTICLE XX. — RESILIENCE TRUST FUND
Sec. 62-704. Resilience Trust Fund; intent.
It is intended that the "Resilience Trust Fund" be established in order to facilitate the increase of
density as allowed under the Interpretation of the Future Land Use Map of the Miami
Comprehensive Neighborhood Plan; to facilitate the receipt of contributions to offset impacts to
public facilities, services, and infrastructure associated with development in the Coastal High
Hazard Area ("CHHA") as defined by Section 163.3178(2)(h), F.S.; and to enhance overall
resilience and resilient infrastructure throughout the City. Expenditures from this trust fund shall
require authorization by the City Manager, or his/her designee, upon written recommendations
from the directors of the Department of Planning, Office of Zoning, Office of Capital
Improvements, Department of Resilience and Public Works, and/or the Office of Resilience and
Sustainability, or successor department.
Sec. 62-705. Established.
a. There is hereby established a trust fund to be entitled the "Resilience Trust Fund," to be
maintained and administered by the City, into which funds shall be deposited and from
which funds shall be withdrawn pursuant to this article to pay for infrastructure projects
that result in reducing flooding, storm surge, or urban heat island effect.
11 Examples of projects include, but are not limited to, pump stations, raising
roadways, seawalls, bioswales, living shorelines, native shade tree plantings,
native groundcover, green roofs, permeable pavements, rain gardens, parks and
open spaces, and green walls. This list is not exhaustive.
b. Funds must be spent within the same geographic area they are collected, which will be
known as "Resilience Fund Areas". Some exceptions are allowed. See Section 62-706.
c. Allowable expenditures undertaken pursuant to this Chapter may be made by the City
Manager, or his/her designee, except that any trust fund expenditure in excess of
$100,000 will require City Commission approval.
Sec. 62-706. Resilience Fund Areas.
a. In order to ensure funds collected are spent in a rational and proportional nexus, the City
hereby creates "Resilience Fund Areas" ("RFAs").
b. RFAs are sub -City geographies where funds collected must be spent.
11 Money may be spent in adjacent RFAs when the scope of certain capital
improvements projects spans multiple RFAs.
21 Money may be spent outside of an RFA when the scope of certain capital
improvements projects extends beyond the boundaries of the RFA in which the
project originates. In these instances, at least fifty-one percent (51 %) of the
capital improvement project's footprint must be within an RFA.
21 The following data points were used to create the RFAs: CHHA, Storm Surge
Planning Zones, Future Land Use Map, Zoning Atlas, Watersheds, and
population.
4 Only properties that meet the criteria set out in the Miami 21 Zoning Code and
located within an RFA can participate.
c. A map of the Resilience Fund Areas can be seen in Exhibit A on file with the Planning
Department.
RFAs can be added, combined, divided, expanded, or dissolved in the future by
ordinance provided any of the data points used to create the RFAs have changed
or the needs of the program change.
Sec. 62-707. Contribution schedule.
Contribution amounts are calculated by deriving the average and median costs of recent
stormwater and other relevant resilience projects per every property benefited per each project.
City of Miami File ID: 18452 (Revision: 8) Printed On: 2/4/2026
Contributions are to be made using a multiplier of US Dollars per residential unit. The
contribution amount shall be published on the Planning Department's website as a
memorandum signed by the Planning Director or his/her designee. The contribution amount
shall be updated every five (5) years to account for inflation/market changes.
a. Applicants may qualify for a fifteen percent (15%) discount on cash contributions through
infrastructure contributions as specified below:
1) Infrastructure contributions must exceed the minimum requirements already
established by the Zoning Code, City Code, State Statutes, Building Codes, and
requirements specified by the Department of Resilience and Public Works, Office
of Capital Improvements, Building Department, Planning Department, and Office
of Zoning.
2) Infrastructure contributions must not create conditions that can result in flooding
or other stormwater deficiencies for neighboring properties.
3) The applicant must enter into an agreement with the City of Miami stipulating the
details of the infrastructure provisions, in a form acceptable to the City Attorney.
The details of the agreement must include relevant and applicable
documentation including but not limited to the scope of work, cost of work,
boundary survey, and legal description of the area of work. This agreement is
subject to approval by the City Manager, and all relevant Department Directors,
and be in a form acceptable to the City Attorney, and must be recorded with
Miami -Dade County and the City Clerk. The recorded agreement is required to
qualify for the cash contribution discount.
b. Applicants may qualify for a fifteen percent (15%) discount on cash contributions with
the provision of Affordable and Workforce Housing described below. To qualify for
this discount, applicants must submit to the Office of Zoning a recorded covenant
running with the land acceptable to the City of Miami confirming the property will
meet the criteria outlined below for a period of no less than thirty (30) years from the
date of issuance of a final Certificate of Occupancy or Temporary Certificate of
Occupancy, whichever is first, and a certification from the City's Department of
Housing and Community Development, or successor department, that the proposed
development will provide:
1) A minimum of three percent (3%) 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;
2) A minimum of five percent (5%) 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
3) A minimum of two percent (2%) 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.
Sec. 62-708. Financial reports.
Administration of and a financial report on trust fund receipts and expenditures shall be
prepared annually at the close of fiscal year by the City Manager or his/her designee and
presented to the City Commission.
*„
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of the Ordinance shall not be affected.
City of Miami File ID: 18452 (Revision: 8) Printed On: 2/4/2026
Section 4. This Ordinance shall become effective ten (10) days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
ge Wy j ng III,, C1ty ttor
11/7/2025 e . ge _ Wy j ng III, C1ty ttor -y 12/2/2025
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.
City of Miami File ID: 18452 (Revision: 8) Printed On: 2/4/2026