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Title: 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.
APPLICANT(S): Emilio T. Gonzalez, Ph.D., City Manager, on behalf of the City of Miami
PURPOSE: This ordinance will amend Article 3, Section 3.14 entitled "Public Benefits Program"
to increase the public benefit bonus square footage provided for Affordable Housing and
decrease the public benefit bonus square footage provided for Workforce Housing, and amend
Article 3, Section 3.14 entitled "Public Benefits Program," Article 4, Table 2 entitled "Miami 21
Summary," Article 5, Illustration 5.6 entitled "Urban Core Transect Zones (T6-24)," and Article 7,
Section 7.1.2.8 entitled "Amendment to Miami 21 Code" to decrease the by right Floor Lot Ratio
(FLR) of T6 -24b from sixteen (16) to twelve (12) and to increase the public benefit bonus
available to T6 -24b from forty percent (40%) to sixty percent (60%).
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: Recommended approval on July 18, 2018, by a
vote of 9 — 0.
City of Miami File ID: 4669 (Revision:) Printed On: 1/29/2019
City of Miami City Hall
Legislation 3500 Pan Ameican Drive
g Miami, FL 33133
.; Ordinance www.miamigov.com
Enactment Number:13817
File Number: 4669 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.
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
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
City of Miami File ID: 4669 (Revision:) Printed On: 1/29/2019
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.
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
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 unchanaed. Asterisks indicate omitted and unchanaed material.
City of Miami File ID: 4669 (Revision:) Printed On: 1/29/2019
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.
414. 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:
For rental Residential Development, a minimum of fourteen percent (14%) of the
units shall be provided as Workforce Housina 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:
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 twe 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 (includingpertaining shared
space such as parking and circulation) provided on-site, the development shall
City of Miami File ID: 4669 (Revision:) Printed On: 1/29/2019
be allowed an equivalent amount of development Floor Area up to the bonus
Height 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
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
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: 4669 (Revision:) Printed On: 1/29/2019
APPROVED AS TO FORM AND CORRECTNESS:
ria ndez, ity ttor ey 1011112018
City of Miami File ID: 4669 (Revision:) Printed On: 1/29/2019