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Home My WebLink AboutO-14470City of Miami Ordinance 14470 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 18838 Final Action Date: 5/28/2026 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 3, TITLED "GENERAL TO ZONES," TO MODIFY THE AFFORDABLE AND ATTAINABLE MIXED -INCOME TRANSFER OF DEVELOPMENT DENSITY PROGRAM; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Christine King WHEREAS, on October 22, 2009, Ordinance No. 13114 was adopted as the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, the Interpretation of the Future Land Use Map ("FLUM") provides that residential density may be increased by up to one hundred percent (100%), subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City of Miami's ("City") adopted concurrency management requirements for the following future land use designations: Low Density Multifamily Residential; Low Density Restricted Commercial; Medium Density Multifamily Residential; Medium Density Restricted Commercial; High Density Multifamily Residential; Restricted Commercial; General Commercial; Industrial; Central Business District; and Major Institutional, Public Facilities; Transportation, and Utilities; and WHEREAS, Article 2, Section 2.1.3.1(h) of the Miami 21 Code lists Affordable and Workforce Housing distribution throughout the City as a Guiding Principle; and WHEREAS, on or about February 23, 2017, modifications to Article 3, Section 3.15 of the Miami 21 Code were adopted by the City Commission that provided density bonuses for Mixed -Income Housing Developments; and WHEREAS, on or about July 28, 2022, the City Commission adopted Ordinance No. 14083 to establish an Affordable Housing Transfer Of Development Density Program, which would allow Affordable Housing developments within Community Redevelopment Areas ("CRA") to transfer unused as -of -right density to receiving sites within Transit Oriented Development ("TOD") and Transit Corridor areas at market rate value; and WHEREAS, on or about October 24, 2022, the City Commission adopted Ordinance No. 14328 to expand the Affordable Housing Transfer of Development Density program to include Opportunity Zones and to provide other minor clarifications; and WHEREAS, to further incentivize these affordable housing developments, the City wishes to modify this program to include Neighborhood Development Zones and to reduce the number of Attainable Mixed -Income Housing Units the developments in Opportunity Zones or Neighborhood Development Zones must provide to qualify for the program; and City of Miami Page 1 of 4 File ID: 18838 (Revision: A) Printed On: 6/11/2026 File ID: 18838 Enactment Number: 14470 WHEREAS, the Neighborhood Conservation Districts ("NCDs") are established to preserve the unique character, scale, and development patterns of stable residential neighborhoods; and WHEREAS, the City further recognizes that increased density is most appropriately directed to areas with existing infrastructure capacity, transit accessibility, and redevelopment objectives, while maintaining the integrity of established residential neighborhoods; and WHEREAS, the proposed amendments are intended to expand housing opportunities in targeted growth areas, while ensuring that any application of the program within Neighborhood Conservation Districts remains limited and consistent with the preservation intent of such districts; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), following an advertised public hearing on February 18, 2026, adopted Resolution No. PZAB-R-26-007 by a vote of eight to zero (8-0), Item No. PZAB.3, recommending approval of the proposed amendment to the Miami 21 Code regarding the transfer of development density program; and WHEREAS, after a modification to the proposed ordinance, the PZAB, following an advertised public hearing on April 15, 2026, adopted Resolution No. PZAB-R-26-017 by a vote of ten to one (10-1), Item No. PZAB.6, recommending approval of the proposed amendment to the Miami 21 Code with additional recommendations to exclude NCDs as eligible receiving sites and consider excluding Historic Districts and properties within 500 feet of T3 as eligible receiving sites; and WHEREAS, consideration has been given to the need and justification for the proposed text amendment, including changed or changing conditions that make the passage of the proposed text amendment necessary; and WHEREAS, consideration has been given to the relationship of the proposed text amendment to the goals, objectives, and policies of the Miami Neighborhood Comprehensive Plan, the Miami 21 Code, and other City regulations; 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 "MIAMI 21 CODE ARTICLE 3. GENERAL TO ZONES 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: 18838 (Revision: A) Printed on: 6/11/2026 File ID: 18838 Enactment Number: 14470 3.15 AFFORDABLE AND ATTAINABLE MIXED -INCOME HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS 3.15.6 In addition to the Development incentives listed above, Affordable Housing and Attainable Mixed -Income Housing projects shall be afforded Density bonuses as follows: * d. Affordable and Attainable Mixed -Income Housing Transfer of Development Density Program. A Development shall be eligible to sell excess as -of -right density up to one unit of density for each unit within a qualifying Affordable or Attainable Mixed -Income Housing development provided the development satisfies all of the following: 1. Meets the criteria in Subsection 3.15.1(a) or 3.15.2; and ik 2. Includes a minimum 200 Attainable Mixed -Income Housing units located within a Community Redevelopment Area (CRA); a-r or #3I orated within a Community Redevelopment Area (CR4) —Includes a minimum 70 Attainable Mixed -Income Housing units located in an Opportunity Zone or Neighborhood Development Zone. In such cases, the City shall permit the owner, or successor in interest, to transfer the difference between the number of to be constructed Attainable Housing units at the eligible property and the as -of -right density of the property. Eligible off -site properties may receive up to fifty percent (50%) one hundred percent (100%) increase above allowable Density. Density achieved through this program shall be exempt from parking minimum requirements; parking requirements shall only apply to the base density units. The City shall permit the density transfer without requiring provision of Workforce Housing or Affordable Housing at the receiving property. For purposes of this section, an eligible receiving site shall mean any property that satisfies all the following: i. Located within a T5, T6, or CI -HD Transect Zone; ii. Located within a Transit Oriented Development area or Transit Corridor; and iii. Eligible to increase its Density by being consistent with the Interpretation of the Future Land Use Map of the Miami Comprehensive Neighborhood Plan (MCNP). iv. Shall not be located in a Neighborhood Conservation District (NCD), historic district, nor within 500 feet of a single-family residential zone. City of Miami Page 3 of 4 File ID: 18838 (Revision: A) Printed on: 6/11/2026 File ID: 18838 Enactment Number: 14470 Upon the City's issuance of a building permit for construction of an Attainable project qualifying under this section, the City's Zoning Administrator, or designee, shall issue a Certificate of Eligibility confirming that the Owner is entitled to sell the unused density to an eligible receiving property. The City's Zoning Administrator shall be notified of each transfer of density and the Zoning Administrator shall issue a Certificate of Transfer confirming the sale of the units and the balance of units eligible to be transferred after each transfer transaction, to be recorded in the public records of Miami -Dade County. A percentage of proceeds of each transfer shall be contributed to the City's A ford e—u g Tri st F intend or—o the applicable R 4 Cfor io implementatn of the CRA master plan. A final contribution amount`hhof between fifteen to twenty five percent {1 5% 25%) of the proceeds shall be negotiated and determined by the City Manager or designee." 20% of the proceeds of each transfer shall be allocated as follows: 1. If the sending site is within a CRA, the proceeds shall be contributed to the applicable CRA for implementation of the CRA master plan. 2. If the sending site is within an Opportunity Zone or Neighborhood Development Zone, the proceeds shall be contributed to the City's Affordable Housing Trust Fund." 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 intended that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code, which provisions may be renumbered or relettered and that the word "Ordinance" may be changed to "Section," "Article," or other appropriate word to accomplish such intention. Section 5. This Ordinance shall become effective ten (10) days after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: ge Wys ng III, C y tor 5/18/2026 a ge Wy j ng III, City -ttor -y 6/11/2026 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: 18838 (Revision: A) Printed on: 6/11/2026