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Home My WebLink AboutO-13817City of Miami q Legislation Ordinance: 13817 File Number: 4669 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 12/13/2018 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, MORE SPECIFICALLY BY AMENDING ARTICLE 3, SECTION 3.14, TITLED "PUBLIC BENEFITS PROGRAM," TO REQUIRE THE MANDATORY INCLUSION OF AFFORDABLE OR WORKFORCE HOUSING IN T6 -24B TRANSECT ZONES, TO CLARIFY THAT PROPERTIES IN T6 -24B TRANSECT ZONES MUST ONLY PROVIDE AFFORDABLE OR WORKFORCE HOUSING TO ACHIEVE BONUS HEIGHT AND FLOOR LOT RATIO ("FLR"), AND TO MODIFY THE PUBLIC BENEFIT AVAILABLE FOR THE PROVISION OF AFFORDABLE OR WORKFORCE HOUSING; AND BY AMENDING ARTICLE 7, SECTION 7.1.2.8, TITLED "AMENDMENT TO MIAMI 21 CODE," TO ADD T6 -36A AS AN ADDITIONAL SUCCESSIONAL TRANSECT ZONE FOR T6 -24A; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Ken Russell WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114 as the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code"); and WHEREAS, the Miami 21 Code was adopted with a Transect Zone called T6-24; and WHEREAS, an Ordinance was introduced on or about November 17, 2014 creating a new Transect Zone sub -classification called T6 -24b and reclassifying the existing Transect Zone of T6-24 as T6 -24a; and WHEREAS, the City of Miami's ("City") Planning Department proposed that T6 -24b have a by -right Floor Lot Ratio ("FLR") of twelve (12) and a public benefit bonus of forty percent (40%); and WHEREAS, at the Planning, Zoning, and Appeals Board ("PZAB") meeting on December 17, 2014, the PZAB unanimously recommended approval of the Ordinance with the new sub -classification; and WHEREAS, the City Commission adopted the Ordinance on March 12, 2015 with amendments; and WHEREAS, the amendment by the City Commission was to increase the T6 -24b Transect Zone sub -classification FLR from twelve (12) to sixteen (16) with the intention of providing the City with more Workforce Housing; and WHEREAS, when the T6 -24b Transect Zone sub -classification was adopted, no property was zoned T6 -24b and the City was to initiate a rezoning process predicated upon a recalibration of the public benefits available to the Transect Zone sub -classification; and City of Miami Page 1 of 5 File ID: 4669 (Revision:) Printed On: 1/29/2019 File ID: 4669 Enactment Number: 13817 WHEREAS, in the interim, several property owners applied for the rezoning of multiple properties zoned T6 -24a to T6 -24b and have voluntarily proffered the provision of on-site Workforce Housing for each parcel via a restrictive covenant; and WHEREAS, these developments serve as examples of a predictable development typology in the T6 -24b Transect Zone sub -classification with percentages of on-site Workforce Housing that were acceptable to the City; and WHEREAS, the Planning Department has calibrated the public benefits based on the analysis of the development patterns that are observed from projects built and/or permitted in the T6 -24b Transect Zone sub -classification by introducing a mandatory inclusionary zoning policy; and WHEREAS, inclusionary zoning is a national best practice in affordable and workforce housing creation, requiring new construction to provide some percentage of its units as affordable to households earning incomes in the workforce or affordable range; and WHEREAS, this process has necessitated a modification of the affordable and workforce housing public benefits in the Miami 21 Code as a whole; and WHEREAS, providing an additional successional zoning transect from T6 -24a to T6 -36a, which has a lower FLR, would provide property owners of properties zoned T6 -24a another option other than T6 -24b, which mandates inclusionary zoning; and WHEREAS, the Planning Director recommends approval of the modifications to the Miami 21 Code as stated herein; and WHEREAS, the PZAB at its meeting on July 18, 2018, following an advertised public hearing, adopted Resolution No. PZAB-R-18-034 by a vote of nine to zero (9 - 0), Item No. PZAB.3, recommending approval of the modifications to the Miami 21 Code; and WHEREAS, the City Commission has conducted a public hearing on the modifications and considered the relationship of the modifications to the goals, objective, and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"), the Miami 21 Code, and other City regulations; and WHEREAS, consideration has been given to the need and justification for the modifications, including changed or changing conditions that make the passage of the modifications necessary; and WHEREAS, the City Commission finds it advisable and in the best interest of the City and its residents to approve the modifications to the Miami 21 Code; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. City of Miami Page 2 of 5 File ID: 4669 (Revision:) Printed on: 1/29/2019 File ID: 4669 Enactment Number: 13817 Section 2. The Miami 21 Code is hereby amended by amending Article 3, Section 3.14 in the following particulars:' "ARTICLE 3. GENERAL TO ZONES 3.14 PUBLIC BENEFITS PROGRAM 3.14.1 The bonus Height and FLR shall be permitted if the proposed Development contributes toward the specified public benefits, above that which is otherwise required by this Code, in the amount and in the manner as set forth herein. The bonus shall not be available to properties in a T6 Zone if the property abuts a T3 Zone or in a T6-8 Zone if the property abuts a CS Zone. 4412. An additional Story in a T5 zone that Abuts a D1 zone, for an equivalent square footage of Affordable/ Workforce Housing as described in Section 3.14.4. This shall not be applicable to properties Abutting T3 zones. 42-13. In T6 zones, additional Height and FLR for LEED certified Silver, Gold or Platinum Buildings as described in Section 3.14.4. 4-314. An additional Story in any zone for development of a Brownfield as described in Section 3.14.4. 4415. In T6 zones additional Height and FLR for development that donates a Civic Space Type or Civil Support Use area to the City of Miami as described in Section 3.14.4. 16. In T6 -24b zones, bonus Height and FLR shall be fully satisfied through the following requirements: i. For rental Residential Development, a minimum of fourteen percent (14%) of the units shall be provided as Workforce Housing or a minimum of seven percent (7%) of the units shall be provided as Affordable Housing. ii. For ownership Residential Development, a minimum of ten percent (10%) of the units shall be provided as Workforce Housing or a minimum of five percent (5%) of the units shall be provided as Affordable Housing. iii. For all other development excluding ground floor Commercial and Office Uses, fourteen percent (14%) of the non-residential FLR shall be provided as a Trust Fund contribution as described in Section 3.14.4.a.(3). 3.14.4 For the purposes of the public benefits program, the following criteria shall apply: 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 3 of 5 File ID: 4669 (Revision:) Printed on: 1/29/2019 File ID: 4669 Enactment Number: 13817 a. Affordable/Workforce Housing. The development project in a T6 zone may provide any of the following or combination thereof: 1. Affordable/wWorkforce housing on site of the development. For each square foot of aAffordable/wWorkforce housing priced at or below eighty percent (80%) area median income (including pertaining shared space such as parking and circulation) provided on site, the development shall be allowed tws three (2-3) square feet of additional area up to the bonus Height and FLR as described in Section 3.14.1. For each square foot of Affordable/Workforce housing priced above eighty percent (80%) area median income (including pertaining shared space such as parking and circulation) provided on-site, the development shall be allowed an equivalent amount of development Floor Area up to the bonus Heiaht and FLR as described in Section 3.14.1. Section 2. The Miami 21 Code is further amended by amending Article 7, Section 7.1.2.8 in the following particulars:' "ARTICLE 7. PROCEDURES AND NONCONFORMITIES 7.1.2.8 Amendment to Miami 21 Code TRANSECT ZONE FLR SUCCESSIONAL ZONE FLR T1 -- T1 -- T2 -- N/A -- T3 -- T4, Cl -- T4 -- T5, Cl -- T5 -- T6-8, Cl 5 T6-8 5 T6-12, Cl 8 T6-12 8 T6 -24a, Cl 7 T6 -24a 7 T6 -24b, T6 -36a, Cl 16 T6 -24b 16 T6 -36a, Cl 12 T6 -36a 12 T6 -60a, Cl 11 *„ Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance should not be affected. Section 5. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code, which provisions may City of Miami Page 4 of 5 File ID: 4669 (Revision:) Printed on: 1/29/2019 File ID: 4669 Enactment Number: 13817 be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 6. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: 1 i ria i "ndez, City Attor ey 10/11/2018 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 5 of 5 File ID: 4669 (Revision:) Printed on: 1/29/2019