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HomeMy WebLinkAboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 c 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 CO i� 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 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 18452 Leglislation-SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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. CD Section 2. Chapter 62 of the CityCode is amended in the following p g particulars: '— "ARTICLE XX. — RESILIENCE TRUST FUND =-=s v ,a; Sec. 62-704. — Resilience Trust Fund; intent. `'-li"; C to e r1 1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shalr e 0 added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted Facl unchanged material. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 C---pital 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. 1) 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. 2. 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. 3. 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"). RFAs are sub -City geographies where funds collected must be spent. '71 1) Money may be spent in adjacent RFAs when the scope of certain capital ; improvements projects spans multiple RFAs. 2) 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 tile, project originates. In these instances, at least fifty-one percent (51 %) of the capital improvement proiect's footprint must be within an RFA. 3) The following data points were used to create the RFAs: CHHA, Storni Surper) Planning Zones, Future Land Use Map, Zoning Atlas, Watersheds, and population. e` 4) Only properties that meet the criteria set out in the Miami 21 Zoning Codeand located within an RFA can participate. A map of the Resilience Fund Areas can be seen in Exhibit A on file with the Planning Department. 1) 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. b. c. Sec. 62-707 — Contribution schedule. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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. 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. a. 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 third 30>~ _) years from the date of issuance of a final Certificate of Occupancy or TempArpty Certificate of Occupancy. whichever is first. and a certification from the Cij Department of Housing and Community Development. or successor depar ent.(1, that the proposed development will provide: 1) A minimum of three percent (3%) of the Dwelling Units serving residents=af,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. CO ka THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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. Section 4. This Ordinance shall become effective ten (10) days after final reading and adoption thereof.2 CO 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. SUBSTITUTED City of Miami Ordinance Legislation File Number: 18452 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Actio ate: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTAC ENT(S), AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI LORIDA, AS AMENDED ("CITY CODE"), TITLED "PLANNING AND ZONIN , TO CREATE A NEW ARTICLE XX, TITLED "RESILIENCE TRUST F - D," THEREBY ESTABLISHING LAND DEVELOPMENT REGULAT INS THAT IMPLEMENT DOUBLING OF DENSITY ALLOWED FOR AL A PPLICABLE FUTURE LAND USE DESIGNATIONS PURSUANT TO T INTERPRETATION OF THE FUTURE LAND USE MAP OF THE MIAMI CO REHENSIVE NEIGHBORHOOD PLAN; MAKING FINDINGS; CONTING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE E' ECTIVE DATE. SPONSOR(S): Commissioner Damian Pardo WHEREAS, the Miami Comprehensive Neighbor Comprehensive Plan for the City of Miami ("City") and hundred percent (100%) for various Future Land Use the Future Land Use Map; and d Plan ("MCNP") is the ws for density increases by up to one esignations under the Interpretation of WHEREAS, the implementation of said -nsity increases are deferred to the applicable land development regulations; and WHEREAS, Ordinance No. 1311 , the Zoning Code of the City of Miami, Florida, as amended ("Miami 21 Code") includes t' City's land development regulations; and WHEREAS, this ordinance contributions for certain infrastru increase in density; and WHEREAS, the de ' ity increases that will be allowed through this program will be' specified in the Miami 2 ode, including Article 4, Table 4; and WHEREAS, e City has a known affordability crisis, and increasing the supply of housing units will ► Ip stabilize rents and home prices through basic supply and demand economics; and WH developm hundre EAS, neighborhoods with some of the highest demand for residential t have Future Land Use designations that allow density increases by up to one ercent (100%); and WHEREAS, some of these neighborhoods are also located in the Coastal High Hazard a ("CHHA") or Miami -Dade County's Storm Surge Planning Zone's A, B, or C; and tablishes the Resilience Trust Fund to receive monetary re improvements as a part of a program that would allow an CO City of Miami Page 1 of 5 File ID: 18452 (Revision: A) Printed On: 1/8/2026 SUBSTITUTED File ID: 18452 Enactment Number: WHEREAS, Policy CM-4.1.2 of the MCNP is meant to mitigate against the potentially adverse effects of the CHHA; and WHEREAS, Policy LU-1.1.13 and Objective LU-1.3 of the MCNP are meant to prote the character of existing neighborhoods, which has the negative externality of reducing ay.' able land area for developing more housing by virtue of protecting areas with the Future Lan• ise designations of "Single -Family Residential" and "Duplex Residential" which together a ount for approximately forty-four and seventy-six hundredths percent (44.76%) of all land in tCity; and WHEREAS, the creation of the Resilience Trust Fund will allow for resi- ntial development at increased density in high -demand, high density residential - ' -as, which tend to be located within the CHHA or Storm Surge Planning Zones A, B, or C wit' a contribution into the Resilience Trust Fund to mitigate against potentially adverse impact- •f developing in these areas; and WHEREAS, the money collected in the Resilience Trust F d will be used for capital improvements projects that will reduce flooding where increase ensity will be built; and WHEREAS, the Resilience Trust Fund has specifies 'esilience Fund Areas where this program is applicable and where the money must be spe as specified in Chapter 62 of the Code of the City of Miami, Florida, as amended ("City C' •e"); and WHEREAS, the Resilience Trust Fund will WHEREAS, this program is only applic Areas described in Exhibit "A," which are lim Venetian Isles; and erate money to address deficiencies; and e to those properties within Resilience Fund to certain areas in Omni/Edgewater and the WHEREAS, targeting these hig demand, high -density areas will avoid encroaching of potentially incompatible land uses on ss dense residential neighborhoods; and WHEREAS, the Miami PI 15, 2025, following an adverbs vote of eleven to zero (11-0) Code as set forth herein; a ning, Zoning and Appeals Board, at its meeting on October public hearing, adopted Resolution No. PZAB-R-25-070 by a em No. 4, recommending approval of this amendment to the City WHEREAS, th- ity's Climate Resilience Committee reviewed and discussed this legislation at their m= ing on November 10, 2025; and WHERE : , it has been determined that the Resilience Trust Fund is justified and essential to m ing the housing needs and demands of the City while also addressing the public's heal , safety, and welfare; , THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI LORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are opted by reference and incorporated as fully set forth in this Section. City of Miami Page 2 of 5 File ID: 18452 (Revision: A) Printed on: 1/8/2026 SUBSTITUTED File ID: 18452 Enactment Number: Section 2. Chapter 62 of the City Code is amended in the following particulars: "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 density as allowed under the Interpretation of the Future Land Use Map of the Mia Comprehensive Neighborhood Plan; to facilitate the receipt of contributions to offs public facilities, services, and infrastructure associated with development in the • Hazard Area ("CHHA") as defined by Section 163.3178(2)(h), F.S.; and to en resilience and resilient infrastructure throughout the City. Expenditures from require authorization by the City Manager, or his/her designee, upon writt= from the directors of the Department of Planning, Office of Zoning, Ofc- Improvements, Department of Resilience and Public Works, and/or th Sustainability, or successor department. Sec. 62-705. — Established. a. There is hereby established a trust fund to be entitled e "Resilience Trust Fund," to be maintained and administered by the City, into which nds shall be deposited and from which funds shall be withdrawn pursuant to this a le to pay for infrastructure projects that result in reducing flooding, storm surge, or an heat island effect. fl Examples of projects include, but are limited to, pump stations, raising roadways, seawalls, bioswales, livin • horelines, native shade tree plantings, native groundcover, green roofs, p- meable pavements, rain gardens, parks and open spaces, and green walls. T- s list is not exhaustive. 2. Funds must be spent within the same ographic area they are collected, which will be known as "Resilience Fund Areas". ' • me exceptions are allowed. See Section 62-706. 3. Allowable expenditures undertake ' pursuant to this Chapter may be made by the City Manaqer, or his/her designee, e ept that any trust fund expenditure in excess of $100,000 will require City Co ' ission approval. impacts to astal High ce overall is trust fund shall recommendations of Capital ffice of Resilience and Sec. 62-706. — Resilience Fund as. a. In order to ensure fund ollected are spent in a rational and proportional nexus;, the City hereby creates "Resit ce Fund Areas" ("RFAs"). b. RFAs are sub -City • •ographies where funds collected must be spent. fl Money m be spent in adjacent RFAs when the scope of certain capital improve- ents projects spans multiple RFAs. Z1 Mone ay be spent outside of an RFA when the scope of certain capital imp ements projects extends beyond the boundaries of the RFA in which tite pr- ect originates. In these instances, at least fifty-one percent (51 %) ethe -� pital improvement project's footprint must be within an RFA. co 3 he following data points were used to create the RFAs: CHHA, Storm Irq Planning Zones, Future Land Use Map, Zoning Atlas, Watersheds, and population. 41 Only properties that meet the criteria set out in the Miami 21 Zoning Code and located within an RFA can participate. 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 5 File ID: 18452 (Revision: A) Printed on: 1/8/2026 ease of SUBSTITUTED File ID: 18452 Enactment Number: 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 chan- -d or the needs of the program change. Sec. 62-707 — Contribution schedule. Contribution amounts are calculated by deriving the average and median costs of re, -nt stormwater and other relevant resilience projects per every property benefited per . ch project. Contributions are to be made using a multiplier of US Dollars per residential unit he contribution amount shall be published on the Planning Department's website a memorandum signed by the Planning Director or his/her designee. The cont • ution amount shall be updated every five (5) vears to account for inflation/market chanq a. Applicants may qualify for a fifteen percent (15%) discount on ca- contributions through infrastructure contributions as specified below: 1) Infrastructure contributions must exceed the minimu equirements already established by the Zoning Code, City Code, State =tutes, Building Codes, and requirements specified by the Department of Res nce and Public Works, Office of Capital Improvements, Building Department anninq Department, and Office of Zoning. `= 2) Infrastructure contributions must not create onditions that can result in flooding -- or other stormwater deficiencies for neiq oring properties. cU L)-3) The applicant must enter into an agree ► ent with the City of Miami stipulating the details of the infrastructure provision in a form acceptable to the City Attorney. The details of the agreement must ' clude relevant and applicable co `'= - documentation including but not I. ited to the scope of work, cost of work, I boundary survey, and legal de iption of the area of work. This agreement is '=- subject to approval by the Ci Manager, and all relevant Department Directors, !f'" and be in a form acceptabl: o the City Attorney, and must be recorded with c Miami -Dade County and e City Clerk. The recorded agreement is required to qualify for the cash co ibution discount. b. Applicants may qualify for - fifteen percent (15%) discount on cash contributions with provision of Affordable • orkforce Housing by selecting one of the options below. To qualify for this disc' nt, applicants must submit to the Office of Zoning a recorded covenant running w the land acceptable to the City of Miami confirming the property will mee e criteria outlined below for a period of no Tess than thirty (30) years from the • ..te of issuance of a final Certificate of Occupancy or Temporary Certificate of ' ccupancv, whichever is first, and a certification from the City's Departme •f Housing and Community Development, or successor department, that the prop. -ed development will provide: 1) minimum of fifteen percent (15%) of the Bonus 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; or 2) A minimum of twenty-five percent (25%) of the Bonus 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; or 3) A minimum of ten percent (10%) of the Bonus 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; City of Miami Page 4 of 5 File ID: 18452 (Revision: A) Printed on: 1/8/2026 •Fife ID: 18452 SUBSTITUTED Enactment Number° 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 worof this Ordinance is declared invalid, the remaining provisions of the Ordinance shall not ' - affected. Section 4. This Ordinance shall become effective ten (10) days after fi reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: Wy ng III, C y or y 11/7/2025 ge . Wy j" g III, C y -tor -y 12/2/2025 his Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) ays 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 Page 5 of 5 File ID: 18452 (Revision: A) Printed on: 1/8/2026 SUBSTITUTED ITHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AM- (DING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY ODE"), TITLED "PLANNING AND ZONING," TO CREATE A NEW ARTICLE XX, TITLED "RESILIE ► E TRUST FUND," THEREBY ESTABLISHING LAND DEVELOPMENT REGULATIONS THAT MPLEMENT DOUBLING OF DENSITY ALLOWED FOR ALL APPLICABLE FUTURE LAND USE ► SIGNATIONS PURSUANT TO THE INTERPRETATION OF THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN; MAKING FINDINGS; CONTAININr, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the Miami Comprehensive Neighborhood Plan ("MCNP") the Comprehensive Plan for the City of Miami ("City") and allows for density increases by up to on= undred percent (100%) for various Future Land Use designations under the Interpretation of the Fu . re Land Use Map; and WHEREAS, the implementation of said density increases - e deferred to the applicable land development regulations; and WHEREAS, Ordinance No. 13114, the Zoning Code the City of Miami, Florida, as amended ("Miami 21 Code") includes the City's land development re• ations; and WHEREAS, this ordinance establishes the esilience Trust Fund to receive monetary contributions for certain infrastructure improvements a part of a program that would allow an increase in density; and WHEREAS, the density increases tha ill be allowed through this program will be specified in the Miami 21 Code, including Article 4, Tabl: , and WHEREAS, the City has a kno affordability crisis, and increasing the supply of housing units will help stabilize rents and home pric-- through basic supply and demand economics; and WHEREAS, neighborhoo with some of the highest demand for residential development have Future Land Use designations . t allow density increases by up to one hundred percent (100%); and WHEREAS, some ' these neighborhoods are also located in the Coastal High Hazard Area ("CHHA") or Miami -Dade ounty's Storm Surge Planning Zone's A, B, or C; and WHEREAS, icy CM-4.1.2 of the MCNP is meant to mitigate against the potentially adverse effects of the CH ; and WHE ' AS, Policy LU-1.1.13 and Objective LU-1.3 of the MCNP are meant to protect the character of -xisting neighborhoods, which has the negative externality of reducing available land area for devel• -Ing more housing by virtue of protecting areas with the Future Land Use designations of "Single-mily Residential" and "Duplex Residential" which together account for approximately forty-four and s- enty-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 creased density in high -demand, high density residential areas, which tend to be located within the ERSION 5.0 06/10/2025 2 18452 Legislation -SUB SUBSTITUTED THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. CHHA or Storm Surge Planning Zones A, B, or C with a contribution into the Resilience Trust ' and to mitigate against potentially adverse impacts of developing in these areas; and WHEREAS, the money collected in the Resilience Trust Fund will be us- : for capital improvements projects that will reduce flooding, storm surge, and urban heat isl. • effect where increased density will be built; and WHEREAS, the Resilience Trust Fund has specified Resilience Fund as where the money must be spent as specified in Chapter 62 of the Code of the City of Miami, F ' ida, as amended ("City Code"); and WHEREAS, the Resilience Trust Fund will generate money to a• ress deficiencies; and WHEREAS, targeting these high -demand, high -density area 'II avoid encroaching of potentially incompatible land uses on less dense residential neighborhoods; d WHEREAS, the Miami Planning, Zoning and Appeals '-oard, at its meeting on October 15, 2025, following an advertised public hearing, adopted Resolutio o. PZAB-R-25-070 by a vote of eleven to zero (11-0), Item No. 4, recommending approval of this aendment to the City Code as set forth herein; and WHEREAS, the City's Climate Resilience their meeting on November 10, 2025; and mmittee reviewed and discussed this legislation at WHEREAS, it has been determined at the Resilience Trust Fund is justified and essential to meeting the housing needs and demand •f the City while also addressing the public's health, safety, and welfare; NOW, THEREFORE, BE IT ORD NED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and fi ngs contained in the Preamble to this Ordinance are adopted by reference and incorporated as fully s forth in this Section. Section 2. Chapter 62 ' the City Code is amended in the following particulars': "ARTICLE XX. — RESILIENCE TRUST FUND Sec. 62-704. esilience Trust Fund; intent. It is intende' hat the "Resilience Trust Fund" be established in order to facilitate the increase of density as allow:— under the Interpretation of the Future Land Use Map of the Miami Comprehensive Neiahb• ood Plan; to facilitate the receipt of contributions to offset impacts to public facilities, services, and i astructure associated with development in the Coastal High Hazard Area ("CHHA") as defined by Se on 163.3178(2)(h), F.S.; and to enhance overall resilience and resilient infrastructure throughout the 1 Wor' and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining pro ions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. VERSION 5.0 06/10/2025 3 ITHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. SUBSTITUTED City. Expenditures from this trust fund shall require authorization by the City Manager, o is/her designee, upon written recommendations from the directors of the Department of Plannin• Office of Zoning, Office of Capital Improvements, Department of Resilience and Public Works, and/ 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 Fur 4," to be maintained and administered by the City, into which funds shall be deposited and fro - which funds shall be withdrawn pursuant to this article to pay for infrastructure proiects that ram. It in reducing flooding, storm surge, or urban heat island effect. 1) Examples of projects include, but are not limited to, pump stati• , raising roadways, seawalls, bioswales, living shorelines, native shade tree plantings, . ive groundcover, green roofs, permeable pavements, rain gardens, parks and open spac and preen walls. This list is not exhaustive. 2. Funds must be spent within the same geographic area ev are collected, which will be known as "Resilience Fund Areas". Some exceptions are allowed •ee Section 62-706. 3. Allowable expenditures undertaken pursuant to is Chapter may be made by the City Manager, or his/her designee, except that any trust fund : •enditure in excess of $100,000 will require City Commission approval. Sec. 62-706. — Resilience Fund Areas. a. In order to ensure funds collected are -ent in a rational and proportional nexus, the City hereby creates "Resilience Fund Areas" ("RF . '). b. RFAs are sub -City geographies wh 1) Money may be spent in adiac spans multiple RFAs. funds collected must be spent. RFAs when the scope of certain capital improvements projects 2) Money may be spent o . ide of an RFA when the scope of certain capital improvements proiects extends beyond the b- ndaries of the RFA in which the project originates. In these instances, at least fifty-one perce (51%) of the capital improvement proiect's footprint must be within an RFA. 3) The following • - a points were used to create the RFAs: CHHA, Storm Surge Planning Zones, Future Land e Map, Zoning Atlas, Watersheds, and population. 4) Only pro ' rties that meet the criteria set out in the Miami 21 Zoning Code and located within an RFA c. participate. c. A ma, of the Resilience Fund Areas can be seen in Exhibit A on file with the Planning Department. 1) r As 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. .ec. 62-707 — Contribution schedule. ERSION 5.0 06/10/2025 4 SUBSTITUTED ITHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Contribution amounts are calculated by deriving the average and median costs of recent stormw er and other relevant resilience projects per every property benefited per each project. Contribution - re to be made using a multiplier of US Dollars per residential unit. The contribution amount shall be - !dished on the Planning Department's website as a memorandum signed by the Planning Direor or his/her designee. The contribution amount shall be updated every five (5) years to account fo' nflation/market changes. a. Applicants may qualify for a fifteen percent (15%) discount on cash ontributions through infrastructure contributions as specified below: 1) Infrastructure contributions must exceed the minimum requirement :Iready established by the Zoning Code, City Code, State Statutes, Building Codes, and r- • uirements specified by the Department of Resilience and Public Works, Office of C •ital Improvements, Building Department, Planning Department, and Office of Zoning. 2) Infrastructure contributions must not create conditions at can result in flooding or other stormwater deficiencies for neighboring properties. 3) The applicant must enter into an agreement with t► - City of Miami stipulating the details of the infrastructure provisions, in a form acceptable to e City Attorney. The details of the agreement must include relevant and applicable docum- ation including but not limited to the scope of work, cost of work, boundary survey, and le. :1 description of the area of work. This agreement is subject to approval by the City Manaq- , and all relevant Department Directors, and be in a form acceptable to the City Attorney, a► • must be recorded with Miami -Dade County and the City Clerk. The recorded agreement i equired to qualify for the cash contribution discount. b. Applicants may qualify for a fifteen p- cent (15%) discount on cash contributions with provision of Affordable or Workforce Housing b electing one of the options below. To qualify for this discount, applicants must submit to the Offi ' of Zoning a recorded covenant running with the land acceptable to the City of Miami confirmin• e property will meet the criteria outlined below for a period of no less than thirty (30) years fro ► the date of issuance of a final Certificate of Occupancy or Temporary Certificate of Occupancy, Ichever is first, and a certification from the Citv's Department of Housing and Community Devel• ment, or successor department, that the proposed development will provide: 1) A minimum of fi P -en percent (15%) of the Bonus Dwelling Units serving residents at or below sixty percent ' •%) of the AMI as published by the United States Department of Housing and Urban Deve - pment annually; or 2) A mini 4 m of twenty-five percent (25%) of the Bonus Dwelling Units serving residents at or below ne hundred percent (100%) of the AMI as published by the United States Departmen of Ho -Inq and Urban Development annually; or 3) minimum of ten percent (10%) of the Bonus Dwelling Units serving residents at or below one hundred twenty percent (120%) AMI as published by the United States Department of Housing and Urban Development annually; Sec. 62-708. — Financial reports. VERSION 5.0 06/10/2025 5 SUBSTITUTED ITHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Administration of and a financial report on trust fund receipts and expenditures shall be prepar- , annually at the close of fiscal year by the City Manager or his/her designee and presented to the City r • mmission. Section 3. If any section, part of a section, paragraph, clause, phrase, or word •f declared invalid, the remaining provisions of the Ordinance shall not be affected. Section 4. This Ordinance shall become effective ten (10) days after final re . ing and this Ordinance is adoption thereof2. 2 This 0 •finance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was assed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the vet. .y the City Commission or upon the effective date stated herein, whichever is later. ERSION 5.0 06/10/2025 6 City of Miami Legislation Ordinance SUBSTITUTED File Number: 18452 Final Ac o ' ate: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHM- ) AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, F a ' 'A, AS AMENDED ("CITY CODE"), TITLED "PLANNING AND ZONING," TO r 'ATE A NEW ARTICLE XX, TITLED "RESILIENCE TRUST FUND," THEREBY E ISHING LAND DEVELOPMENT REGULATIONS THAT IMPLEMENT DO = G OF DENSITY ALLOWED FOR ALL APPLICABLE FUTURE LAND USE DESI c IONS PURSUANT TO THE INTERPRETATION OF THE FUTURE LAND USE M ' iF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN; MAKING FI %I S; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IM ► ATE EFFECTIVE DATE. WHEREAS, the Miami Comprehensive Neighborho Comprehensive Plan for the City of Miami ("City") and all hundred percent (100%) for various Future Land Use d the Future Land Use Map; and n ("MCNP") is the r density increases by up to one ations under the Interpretation of WHEREAS, the implementation of said d: s' increases are deferred to the applicable land development regulations; and WHEREAS, Ordinance No. 13114, a oning Code of the City of Miami, Florida, as amended ("Miami 21 Code") includes th- i s land development regulations; and WHEREAS, this ordinance e . • hes the Resilience Trust Fund to receive monetary contributions for certain infrastruct e ' provements as a part of a program that would allow an increase in density; and WHEREAS, the den creases that will be allowed through this program will be specified in the Miami 21 •d • , including Article 4, Table 4; and WHEREAS, th housing units will he economics; and has a known affordability crisis, and increasing the supply of bilize rents and home prices through basic supply and demand WHE' ' '-, neighborhoods with some of the highest demand for residential developme - 'e Future Land Use designations that allow density increases by up to one hundred p c• t (100%); and EREAS, some of these neighborhoods are also located in the Coastal High Hazard Are. "' HA") 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 erse effects of the CHHA; and 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 City of Miami File ID: 18452 (Revision:) Printed On: 11/11/2025 SUBSTITUTED SUBSTITUTED 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, whi d to be located within the CHHA or Storm Surge Planning Zones A, B, or C with a contri• , '' into the Resilience Trust Fund to mitigate against potentially adverse impacts of devel• • i r • in these areas; and WHEREAS, the money collected in the Resilience Trust Fund will be improvements projects that will reduce flooding where increased density WHEREAS, the Resilience Trust Fund has specified Resilienc money must be spent as specified in Chapter 62 of the Code of the amended ("City Code"); and d for capital built; and nd Areas where the of Miami, Florida, as WHEREAS, the Resilience Trust Fund will generate ;y to address deficiencies; and WHEREAS, targeting these high -demand, high-d- areas will avoid encroaching of potentially incompatible land uses on less dense reside ' - neighborhoods; and WHEREAS, the Miami Planning, Zoning an 15, 2025, following an advertised public hearing, vote of eleven to zero (11-0), Item No. 4, reco Code as set forth herein; and WHEREAS, it has been determin essential to meeting the housing needs public's health, safety, and welfare; eals Board, at its meeting on October ted Resolution No. PZAB-R-25-070 by a ding approval of this amendment to the City at the Resilience Trust Fund is justified and demands of the City while also addressing the NOW, THEREFORE, BE i RDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The reci - nd findings contained in the Preamble to this Ordinance are adopted by reference an i- orporated as fully set forth in this Section. Section 2. C , • -r 62 of the City Code is amended in the following particulars: 1 "ARTICLE XX. — RESILIENCE TRUST FUND Sec. 62-704 ' esilience Trust Fund; intent. It is inte :that the "Resilience Trust Fund" be established in order to facilitate the increase of dens i allowed under the Interpretation of the Future Land Use Map of the Miami Co ensive Neighborhood Plan; to facilitate the receipt of contributions to offset impacts to pu ' facilities, services, and infrastructure associated with development in the Coastal High and Area ("CHHA") as defined by Section 163.3178(2)(h), F.S.; and to enhance overall silience and resilient infrastructure throu• hout the Cit . Ex•enditures from this trust fund shall equire authorization by the City Manager, or his/her designee, upon written recommendations 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:) Printed On: 11/11/2025 SUBSTITUTED SUBSTITUTED from the directors of the departments of planning, zoning, capital improvements, and/or resilience and public works. Sec. 62-705. — Established. a. There is hereby established a trust fund to be entitled the "Resilience Trust Fund ' t' •e maintained and administered by the City, into which funds shall be deposited a • om which funds shall be withdrawn pursuant to this article to pay for infrastructur • • jects that result in reducing flooding, storm surge, or urban heat island effect. 11 Examples of projects include, but are not limited to, pump station r sing roadways, seawalls, bioswales, living shorelines, native shade _plantings, native groundcover, green roofs, permeable pavements, rain ' . • ens, parks and open spaces, and green walls. This list is not exhaustive. 2. Funds must be spent within the same geographic area they are 1• ted, which will be known as "Resilience Fund Areas". Some exceptions are allow + ee Section 62-706. 3. Allowable expenditures undertaken pursuant to this Chapter ' be made by the City Manager, or his/her designee, except that any trust fund e diture 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 ra • ' .I and proportional nexus, the City hereby creates "Resilience Fund Areas" ("RFAs" b. RFAs are sub -City geographies where funds c• ted must be spent. 11 Money may be spent in adjacent RF £ . en the scope of certain capital improvements projects spans multi. ' FAs. 21 Money may be spent outside of . : A when the scope of certain capital improvements projects extends •: and the boundaries of the RFA in which the project originates. In these in- - ces, at least fifty-one percent (51 %) of the capital improvement projec'. •otprint must be within an RFA. The following data points - e used to create the RFAs: CHHA, Storm Surge Planning Zones, Futur- d Use Map, Zoning Atlas, Watersheds, and population. 4j Only properties tha •et the criteria set out in the Miami 21 Zoning Code and located within an ' . can participate. c. A map of the Resilienc• nd Areas can be seen in Exhibit A on file with the Planning Department. 11 RFAs can • dded, combined, divided, expanded, or dissolved in the future by ordinanc-/• •vided any of the data points used to create the RFAs have changed or the s of the program change. Sec. 62-707 — Co ution schedule. Contribution a s are calculated by deriving the average and median costs of recent stormwater a her relevant resilience projects per every property benefited per each project. Contributio e to be made using a multiplier of US Dollars per residential unit. The contributi• ount shall be published on the Planning Department's website as a memor- m signed by the Planning Director or his/her designee. The contribution amount • pdated every five (5) years to account for inflation/market changes. shall pplicants 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. City of Miami File ID: 18452 (Revision:) Printed On: 11/11/2025 SUBSTITUTED SUBSTITUTED 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 details of the infrastructure provisions, in a form acceptable to the City Attar' The details of the agreement must include relevant and applicable documentation including but not limited to the scope of work, cost of wo' boundary survey, and legal description of the area of work. This agre: t is subject to approval by the City Manager, and all relevant Departme ► ► rectors, and be in a form acceptable to the City Attorney, and must be rec' • d with Miami -Dade County and the City Clerk. The recorded agreeme required to qualify for the cash contribution discount. Sec. 62-708. — Financial reports. Administration of and a financial report on trust fund receipts and exp- ' res shall be prepared annually at the close of fiscal year by the City Manager or ► er designee and presented to the City Commission. * *„ Section 3. If any section, part of a section, paragra ' Iause, phrase, or word of this Ordinance is declared invalid, the remaining provisions . e Ordinance shall not be affected. Section 4. This Ordinance shall become effe• ten (10) days after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTN Wyflri III, C1ty' ' or -y 11/7/2025 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:) Printed On: 11/11/2025