Loading...
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 AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY AMENDING ARTICLE 3, SECTION 3.9, TITLED "GENERAL TO ZONES/SPECIAL AREA PLANS," CLARIFYING PUBLIC BENEFIT REQUIREMENTS ASSOCIATED WITH SPECIAL AREA PLANS ("SAP"); AND AMENDING SECTION 3.14, TITLED "GENERAL TO ZONES/PUBLIC BENEFITS PROGRAM," CLARIFYING HOW SAP PUBLIC BENEFITS ARE CALCULATED; 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, as the City evaluates Special Area Plans ("SAPs"), it has become evident that clarification is needed for the establishment of public benefits as outlined in Section 3.14 of the Miami 21 Code to alleviate any adverse impacts due to an increase in density, intensity and height resulting from a rezoning and or any deviations from the development standards outlined in this Miami 21 Code for SAPs; and WHEREAS, the City further seeks to clarify under Section 3.14 of the Miami 21 Code how the retention and creation of Public Benefits are reviewed and calculated; and WHEREAS, on October 8, 2025, at a duly notice public meeting, the Planning, Zoning and Appeals Board ("PZAB") considered this text amendment to the Miami 21 Code, Item PZAB.18, and passed PZAB-R- 25-058, recommending approval, by a vote of seven to zero (7-0); and WHEREAS, consideration has been given to the relationship of this proposed amendment to the goals, objectives and policies of the Miami Comprehensive Neighborhood Plan ("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 in the best interest of the general welfare of the City and its inhabitants to amend the Miami 21 Code as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: C) Section 1. The recitals and findings contained in the Preamble to this Ordinance are ad tec nd incorporated as if fully set forth in this Section. G , r o Section 2. Article 3 of the Miami 21 Code is hereby amended in the following particul ra 71. c, a "ARTICLE 3: GENERAL TO ZONES "c-) 9? 0 r rn co x 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. VERSION 5.0 06/10/2025 2 18259 Legislation -SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. E EIVED 7025 DEC I I pi 8: 18 OFFICE Q; THE CITY CLEk'C SECTION 3.9 SPECIAL AREA PLANS CITY OF MIAMI 3.9.1 General a. The single or multiple owner(s) of Abutting properties in excess of nine (9) acres may apply for a rezoning to a Special Area Plan. For the purposes of applying for a rezoning to a Special Area Plan, the term Abutting shall not include properties separated by the Florida East Coast Railway Corridor or separated across a street or alley with an actual or zoned width of seventy (70) feet or greater as set by Chapter 54, Article V of the City Code. b. A Special Area Plan shall be approved by the process of rezoning with or without Transect changes. Properties designated as "T3" — Sub -Urban Transect Zone shall not be considered for a Special Area Plan. c. A Special Area Plan shall assign Thoroughfares, Transect Zones and Civic Space Types, with appropriate transitions to Abutting areas. Guidelines for Thoroughfares and Public Frontages may be adjusted to the particular circumstances of the Special Area Plan. d. A Special Area Plan shall include a map of the Thoroughfares and Transect Zones, and the standards that deviate from the requirements of Article 5. e. A Special Area Plan shall assign at least five percent (5%) of its aggregated Lot Area to a new Civic Space Type. Civic Building sites are to be located within or adjacent to Civic Space Types or at the axial termination of significant Thoroughfares. The developer shall be responsible for constructing the public improvements within the Special Area Plan, including but not limited to the Civic Space Types and Thoroughfares. f. A Special Area Plan shall provide for additional public benefits above the minimum baseline as outlined in Section 3.14 to reduce anv adverse impacts due to an increase in density. intensity beidlbt resulting from a rezoning and/or anv deviations from the development standards outlined in this Miami 21 Code. g, 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. 9- h. Unless a Building is specifically approved as part of the Special Area Plan, any Building shall be reviewed by the Planning Director, after referral to and recommendation from the CRC for conformance to the Plan, prior to issuance of the Building Permit. #- i_ A Special Area Plan may include: 1. A differentiation of the Thoroughfares as a Primary -Grid (A -Grid) and a Secondary -Grid (B-Grid). Buildings along the A -Grid shall be held to the highest standard of this Code in support of pedestrian activity. Buildings along the B-Grid may be more readily considered for automobile oriented standards allowing surface parking lots, unlined parking decks, and drive-throughs. The Frontages assigned to the B-Grid shall not exceed thirty percent (30%) of the total length within a Special Area Plan. For Frontages on the B-Grid, parking areas may be allowed in the Second Layer. VERSION 5.0 06/10/2025 3 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Retail Frontage requiring that a Building provide a Commercial Use at sidewalk level along the CO entire length of the Frontage. The Commercial Use Building shall be no Tess than seventy percent Ca - 70%) glazed in clear glass and provided with an Awning overlapping the sidewalk as generally LU , lustrated in Article 4, Table 6. The first floor should be confined to Retail Use through the depth • E f the Second Layer. — 3r'tg allery or Arcade Frontage, requiring that a Building provide a permanent cover over the O — 1--yirdewalk, either cantilevered or supported by columns. The Gallery or Arcade Frontage may be cDTzombined with a Retail Frontage as shown in Article 4, Table 6. Gallery or Arcade Frontage within • o Lu`t▪ fhe First Layer may apply towards Open Space requirements. • 4 Build -to -lines that differ from Transect Zone Setback requirement. • 5A Terminated Vista location, requiring that the Building be provided with architectural articulation of a Type and character that responds to the location. 6. A Pedestrian Passage, requiring a minimum ten (10) foot wide pedestrian access be reserved between Buildings. 7. A preservation plan acceptable to the Historic and Environmental Preservation Board for any historic resources in the area of the Special Area Plan. 8. Area Design Guidelines. 9. A parking management program that enables shared parking among public and private Uses. 10. Flexible allocation of development capacity and Height, excluding Density on individual sites within the Special Area Plan shall be allowed so long as the capacity or Height distribution does not result in development that is out of Scale or character with the surrounding area, and provides for appropriate transitions. * SECTION 3.14 PUBLIC BENEFITS * 3.14.6 Special Area Plans. Creation and retention of Public Benefits in accordance with Section 3.9. Under no circumstances shall design standards be reduced, waived, or eliminated as part of the retention of the Public Benefits process. The minimum baseline for calculating the retention of public benefits shall be determined by the additional development capacity such as the difference in height, density, intensity, lot coverage, and Floor Lot Ratio (FLR) between the existing underlying zoning and the proposed zoning. This minimum baseline shall be assessed in accordance with Section 3.14.4(a)(3). Any additional proffers above this baseline shall be considered as part of the creation of Public Benefits." Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Zoning Ordinance of the City of Miami, Florida, which provisions may be renumbered or relettered and that the word `ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 5. This Ordinance shall become effective ten (10) days after adoption.2 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. VERSION 5.0 06/10/2025 4 City of Miam .- SUBSTITUTED City Hall Ordinanc 350 Mi,FL 33133Dri ?2S DEC 1 I AM 8: 18 iam Legislatki CE OF THE CITY CLERK CITY OF MIAMI File Number: 18259 Final Ac AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CI FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY AMENDING SECTION 3.9, TITLED "GENERAL TO ZONES/SPECIAL ARE CLARIFYING PUBLIC BENEFIT REQUIREMENTS ASSOC! SPECIAL AREA PLANS ("SAP"); AND AMENDING SECT "GENERAL TO ZONES/PUBLIC BENEFITS PROGRAM SAP PUBLIC BENEFITS ARE CALCULATED; MAKIN CONTAINING A SEVERABILITY CLAUSE; AND PR EFFECTIVE DATE. WHEREAS, on October 22, 2009, Ordinance No. Commission as the City of Miami's ("City") Zoning Ordi time to time ("Miami 21 Code"); and n Date: OF MIAMI, TICLE 3, PLANS," ED WITH N 3.14, TITLED CLARIFYING HOW FINDINGS; IDING FOR AN 114 was adopted by the Miami City nce, which has been amended from WHEREAS, as the City evaluates Specia rea Plans ("SAPs"), it has become evident that clarification is needed for the establishme of public benefits as outlined in Section 3.14 of the Miami 21 Code to alleviate any adverse i - pacts due to an increase in density, intensity and height resulting from a rezoning and or an •eviations from the development standards outlined in this Miami 21 Code for SAPs; and WHEREAS, the City further ks to clarify under Section 3.14 of the Miami 21 Code how the retention and creation of P lic Benefits are reviewed and calculated; and WHEREAS, on Octobe :, 2025, at a duly notice public meeting, the Planning, Zoning and Appeals Board ("PZAB" onsidered this text amendment to the Miami 21 Code, Item PZAB.18, and passed P •-R-25-058, recommending approval, by a vote of seven to zero (7- 0); and WHEREAS, ► • nsideration has been given to the relationship of this proposed amendment to the , oals, objectives and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"), h appropriate consideration as to whether the proposed change will further the goals, obj- Ives and policies of the MCNP, the Miami 21 Code, and other City regulations; and EREAS, consideration has been given to the need and justification for the proposed chang , including changed or changing conditions that make the passage of the proposed cha : e necessary; and WHEREAS, after careful consideration of this matter, it is deemed in the best interest of he general welfare of the City and its inhabitants to amend the Miami 21 Code as hereinafter set forth; City of Miami Page 1 of 4 File ID: 18259 (Revision:) Printed On: 12/11/2025 SUBSTITUTED File ID: 18259 Enactment Number: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and incorporated as if fully set forth in this Section. Section 2. Article 3 of the Miami 21 Code is hereby amended in the following particulars:1 "ARTICLE 3: GENERAL TO ZONES SECTION 3.9 SPECIAL AREA PLANS 3.9.1 General c- =a. co a. The single or multiple owner(s) of Abutting properties in xcess of nine (9) acres may apply for a rezoning to a Special Area Plan. For the p poses of applying for a rezoning to a Special Area Plan, the term Abutting shall not i ude properties separated by the Florida East Coast Railway Corridor or separated -cross a street or alley with an actual or zoned width of seventy (70) feet or greater a - et by Chapter 54, Article V of the City Code. b. A Special Area Plan shall be approved Transect changes. Properties designat be considered for a Special Area Pla by e process of rezoning with or without as "T3" — Sub -Urban Transect Zone shall not c. A Special Area Plan shall assign ' oroughfares, Transect Zones and Civic Space Types, with appropriate transitions to utting areas. Guidelines for Thoroughfares and Public Frontages may be adjusted t• he particular circumstances of the Special Area Plan. d. A Special Area Plan shal clude a map of the Thoroughfares and Transect Zones, and the standards that devi, e from the requirements of Article 5. e. A Special Area Pla r hall assign at least five percent (5%) of its aggregated Lot Area to a new Civic Spa Type. Civic Building sites are to be located within or adjacent to Civic Space Types o -t the axial termination of significant Thoroughfares. The developer shall be responsib for constructing the public improvements within the Special Area Plan, including b not limited to the Civic Space Types and Thoroughfares. f. A Spe :I Area Plan shall provide for additional public benefits as outlined in Section 3.14 • alleviate any adverse impacts due to an increase in density, intensity and/or he' t resulting from a rezoning and/or any deviations from the development standards lined in this Miami 21 Code. 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 Page 2 of 4 File ID: 18259 (Revision:) Printed on: 12/11/2025 m is SUBSTITUTED File ID: 18259 Enactment Number: g_ 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 benef g- h. Unless a Building is specifically approved as part of the Special Area Plan, any shall be reviewed by the Planning Director, after referral to and recommendatio the CRC for conformance to the Plan, prior to issuance of the Building Permit # i. A Special Area Plan may include: 1. A differentiation of the Thoroughfares as a Primary -Grid (A -Grid nd a Secondary -Grid (B-Grid). Buildings along the A -Grid shall be d to the highest standard of this Code in support of pedestrian activity. Buildi - • s along the B-Grid may be more readily considered for automobile oriented s • ndards allowing surface parking lots, unlined parking decks, and drive-t '•ughs. The Frontages assigned to the B-Grid shall not exceed thirty percent •0%) of the total length within a Special Area Plan. For Frontages on the B-r id, parking areas may be allowed in the Second Layers 2. Retail Frontage requiring that a Building provide = Commercial Use at sidewalk level along the entire length of the Frontage. T e Commercial Use Building shall be no less than seventy percent (70%) glaz: • in clear glass and provided with an Awning overlapping the sidewalk as gene - ly illustrated in Article 4, Table 6. The first floor should be confined to Retail U through the depth of the Second Layer. 3. Gallery or Arcade Frontage, requiri . that a Building provide a permanent cover over the sidewalk, either cantileve d or supported by columns. The Gallery or Arcade Frontage may be combi - d with a Retail Frontage as shown in Article 4, Table 6. Gallery or Arcade Fr. age within the First Layer may apply towards Open Space requirements. 4. Build -to -lines that differ fr 5. A Terminated Vista loca architectural articulati 6. A Pedestrian Pass be reserved betw 7. A preservation ► n Board for any 8. Area Desig 9. A parkin private 10. Flexi ind. 3.14.6 (ding rom Transect Zone Setback requirement. n, requiring that the Building be provided with of a Type and character that responds to the location. , requiring a minimum ten (10) foot wide pedestrian access n Buildings. acceptable to the Historic and Environmental Preservation istoric resources in the area of the Special Area Plan. uidelines. anagement program that enables shared parking among public and ses. allocation of development capacity and Height, excluding Density on dual sites within the Special Area Plan shall be allowed so long as the c •acity or Height distribution does not result in development that is out of Scale r character with the surrounding area, and provides for appropriate transitions. SECTION 3.14 PUBLIC BENEFITS * C7 n C-3 rnrrl /off R CD-71 c3 21.. c� .. r— r*t to 7C City of Miami Page 3 of 4 File ID: 18259 (Revision:) Printed on: 12/11/2025 s: P m SUBSTITUTED File ID: 18259 Enactment Number: Special Area Plans. Creation and retention of Public Benefits in accordance with Section 3.9. Under no circumstances shall design standards be reduced, waived, or eliminated as part of the retention of the Public Benefits process. The minimum baseline for calculating the retention of public benefits shall be determined by the additional development capacity such as the difference in height, density, intensity, lot coverage, and Floor Lot Ratio (FLR) between the existing underlying zoning and the proposed zoning. This minimum baseline shall be ass • sed in accordance with Section 3.14.4(a)(3). Any additional proffers above this baseline shbe considered as part of the creation of Public Benefits." Section 3. If any section, part of a section, paragraph, clause, phrase or Ordinance is declared invalid, the remaining provisions of this Ordinance shall rd of this t be affected. Section 4. It is the intention of the City Commission that the provisi• s of this Ordinance shall become and be made a part of the Zoning Ordinance of the City of iami, Florida, which provisions may be renumbered or relettered and that the word "ordina e" may be changed to "section", "article", or other appropriate word to accomplish such inte- ion. Section 5. This Ordinance shall become effective ten (10 :ays after adoption.2 APPROVED AS TO FORM AND CORRECTNESS: gWy ng III, C y or y 11/6/2025 2 is Ordinance shall become effective as specked 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 4 of 4 File ID: 18259 (Revision:) Printed on: 12/11/2025