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Home My WebLink AboutPZAB (3363) ResolutionI. or City of Miami City Hall a /� pp Resolution PZA® Resolution Pan American Drive Miami, FL 33133 www.miamigov.com Enactment Number: PZAB-R-18-034 File ID: 3363 Final Action Date: 7118/2018 A RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OF 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, ENTITLED "PUBLIC BENEFITS PROGRAM", TO REQUIRE THE MANDATORY INCLUSION OF AFFORDABLE OR WORKFORCE HOUSING IN THE T6 -24B TRANSECT ZONE, TO CLARIFY THAT PROPERTIES ZONED T6 -24B MUST ONLY PROVIDE AFFORDABLEIWORKFORCE HOUSING TO ACHIEVE BONUS HEIGHT AND FLOOR LOT RATIO ("FLR"), AND TO MODIFY THE PUBLIC BENEFIT AVAILABLE FOR THE PROVISION OF AFFORDABLEIWORKFORCE HOUSING; AND BY AMENDING ARTICLE 7, SECTION 7.1.2.8, ENTITLED "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 City of Miami's ("City") Zoning Ordinance ("Miami 21"); and WHEREAS, Miami 21 was adopted with a Transect Zone called T6-24; and WHEREAS, an Ordinance was introduced on 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 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 approved 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 City of Miami Page 1 of 5 File 1D: 3363 (Revision: A) Printed On: 712512018 WHEREAS, when the T6 -24b Transect Zone sub -classification was adopted, no property was rezoned to 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 have 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, and percentages of on-site workforce housing that were acceptable to elected officials; and WHEREAS, the Department of Planning 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/workforce housing public benefits in Miami 21 as a whole; and WHEREAS, the Planning Director recommends approval of the modifications to Miami 21 as stated herein; and WHEREAS, the PZAB has given full consideration to the Planning Director's recommendations; and WHEREAS, the PZAB has conducted a public hearing on the proposed text amendment; and WHEREAS, the PZAB has considered the relationship of the proposed amendment to the goals, objective and policies of the Comprehensive Plan, with the appropriate consideration as to whether the proposed amendment will further the goals, objectives, and policies of the Miami Comprehensive Plan, Miami 21, and other City regulations; and WHEREAS, the PZAB has considered the need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary; and WHEREAS, the PZAB finds it advisable and in the best interest of the City residents to recommend approval of the amendment to Miami 21; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS BOARD OF THE CITY OF MIAMI, FLORIDA, AS FOLLOWS; Section 1. The recitals and findings contained in the Preamble to this Resolution 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: 3363 (Revision: A) Printed On: 7/2512018 Section 2. The PZAB recommends City Commission amend Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, by amending Article 3, Section 3.14 in the following particulars:' �s* 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. 124. 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. 134-2. In T6 zones, additional Height and FLR for LEED certified Silver, Gold or Platinum Buildings as described in Section 3.14.4, 1443. An additional Story in any zone for development of a Brownfield as described in Section 3.14.4. 1544. 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 14% of the units shall be provided as Workforce Housing or a minimum of 7% of the units shall be provided as Affordable Housing ii. For ownership Residential Development; a minimum of 10% of the units shall be provided as Workforce Housing or a minimum of 5% of the units shall be provided as Affordable Housing. iii. For all other development, excluding Around floor Commercial and Office Uses. 14% of the non-residential FLR shall be provided as a Trust Fund contribution as described in Section 3.14.4.a.(3), ' 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 1D: 3363 (Revision: A) Printed On: 7125/2018 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. AffordablelwWorkforce housing on site of the development. For each square foot of aAffordable/wWorkforce housing priced at or below 80% area median income (including pertaining shared space such as parking and circulation) provided on site, the development shall be allowed twe three (23) square feet of additional area up to the bonus Height and FLR as described in Section 3.14.1. For each square foot of Afford ablelWorkforce housing priced above 80% area median income (including pertaining shared space such as parking and circulationprovided on-site the development shall be allowed anequivalent amount of development Floor Area up to the bonus Height and FLR as described in Section 3.14.1. Section 3. The PZAB recommends City Commission amend Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, 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 -- NIA -- T3 -- T4, Cl -- T4 -- T5, CI -- T5 -- T6-8, CI 5 T6-8 5 T6-12, Cl 8 T6-12 8 T6 -24a, CI 7 T6 -24a 7 T6 -24b, T6 -36a, Cl 16 T6 -24b 16 T6 -36a, Cl 12 T6 -36a 12 T6 -60a, Cl 11 City of Miami Page 4 of 5 File ID: 3363 (Revision: A) Printed On: 712512018 Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this Resolution is declared invalid, the remaining provisions of this Resolution should not be affected. Section 5. This Resolution shall become effective immediately upon its adoption. 0 � Francis rcI irect Execution Date Department of Planning STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) CY\YaC] T11'1'<-' Personally appeared before me, the undersigned authority, Z ill_)n J , Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that slhe executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS► DAY OF) l )�, 201 `P'") ar Print Notary Name Ni5tary Public State of Flo' a Personally know i or Produced I.D. My Commission Expires: Type and number of I.D. produced Did take an oath or Did not take an oath BEATRUALVAREZ Commisslon # GG 153775 Expires November 20, 2021 `•�'�� ftY`''� Baried Thru Troy Fein �� epp3i6�7D14 City of Miami Page 5 of 5 File 1D: 3363 (Revision: A) Printed on: 7/25/2018