HomeMy WebLinkAboutSubstitution Memo from Planning DepartmentR CII 80
1076 APR _9 PH t2: 03
CITY OF MIAMI, FLORIDA OFFICE 0 i
CITY OF ICI u CLERK A11'�
INTER -OFFICE MEMORANDUM
TO:
James Reyes
City Manager
FROM: David Snow
Director, Planning Department
DATE:
SUBJECT:
ENCLOSURES:
4.07.2026
Substitution of PZ 1—Affordable
Housing TDD -File ID 18838
Updated Legislation
The purpose of this Substitution Memorandum is to provide updated legislation for Item PZ. 1 (File ID
18838) on April 9, 2026, City Commission Agenda. The updated legislation includes the following changes:
• Incorporates PZAB recommendation
• Includes the affordable housing program described in 3.15.1(a) as recommended by PZAB
• Increases amount of density that can be received from 50% of base density to 100% of base density
• Limits parking requirements to the base density calculations
• Fixes transfer fee at 20% of sale.
Upon approval, the updated legislation for the above -referenced Miami 21 Text Amendment will be
provided to the City Clerk's Office for distribution to the Mayor and all Commissioners.
Approved:
James Reyes, City Manager
13838 $,bUoi rw�o p
City of Miami
Legislation
Ordinance
Enactment Number
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 18838 Final Action Date:
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.
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 File ID: 18838 (Revision:) Printed On: 3/31/2026
WHEREAS, the Planning, Zoning, and Appeals Board ("PZAB") at its meeting on
, following an advertised hearing, adopted Resolution No. by a vote of
recommending of this item to the City Commission; 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
*
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
+� 2. Includes a minimum 200 Attainable Mixed -Income Housing
units located within a Community Redevelopment Area (CRA); arid or
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: 18838 (Revision:) Printed On: 3/31/2026
or —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 one hundred percent (100%) fiftypercent (50 e) 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).
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.
of ) 0
Of Rom-
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 Citv'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.
City of Miami File ID: 18838 (Revision:) Printed On: 3/31/2026
Section 5. This Ordinance shall become effective ten (10) days after final reading and
adoption thereof.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
Jterein. whichever is later.
City of Miami File ID: 18838 (Revision:) Printed On: 3/31/2026
City of Miami
Legislation
Ordinance
Enactment Number
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 18838 Final Action Date:
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.
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 File ID: 18838 (Revision:) Printed On: 3/31/2026
WHEREAS, the Planning, Zoning, and Appeals Board ("PZAB") at its meeting on
following an advertised hearing, adopted Resolution No. by a vote of
, recommending of this item to the City Commission; 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
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. 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 Attainable Mixed -Income Housing
development provided the development satisfies all of the following:
h 1. Meets the criteria in Subsection 3.15.2; and
ik 2. Includes a minimum 200 Attainable Mixed -Income Housing
units located within a Community Redevelopment Area (CRA); aad-or
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
unchanaed material.
City of Miami File ID: 18838 (Revision:) Printed On: 3/31/2026
of --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%) increase above allowable Density.
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).
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
Affordable Housing Trust Fund or to the applicable CRA for implementation of the
CRA master plan. A final contribution amount of between fifteen to twenty-five percent
(15% - 25%) of the proceeds shall be negotiated and determined by the City Manager
or designee."
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:
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: 18838 (Revision:) Printed On: 3/31/2026