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HomeMy WebLinkAboutO-14440City of Miami Ordinance 14440 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 18259 Final Action Date: 1/22/2026 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; City of Miami Page 1 of 4 File ID: 18259 (Revision: A) Printed On: 1/27/2026 File ID: 18259 Enactment Number: 14440 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 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 any adverse impacts due to an increase in density, intensity and/or height resulting from a rezoning and/or any deviations from the development standards outlined 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: A) Printed on: 1/27/2026 File ID: 18259 Enactment Number: 14440 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. g- 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- 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. 2. Retail Frontage requiring that a Building provide a Commercial Use at sidewalk level along the entire length of the Frontage. The Commercial Use Building shall be no less than seventy percent (70%) glazed in clear glass and provided with an Awning overlapping the sidewalk as generally illustrated in Article 4, Table 6. The first floor should be confined to Retail Use through the depth of the Second Layer. 3. Gallery or Arcade Frontage, requiring that a Building provide a permanent cover over the sidewalk, either cantilevered or supported by columns. The Gallery or Arcade Frontage may be combined with a Retail Frontage as shown in Article 4, Table 6. Gallery or Arcade Frontage within the First Layer may apply towards Open Space requirements. 4. Build -to -lines that differ from Transect Zone Setback requirement. 5. A 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 City of Miami Page 3 of 4 File ID: 18259 (Revision: A) Printed on: 1/27/2026 File ID: 18259 Enactment Number: 14440 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 APPROVED AS TO FORM AND CORRECTNESS: 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 Page 4 of 4 File ID: 18259 (Revision: A) Printed on: 1/27/2026