PZ.3 - Modify Affordable Housing Density Program

WHEREAS, on October 22, 2009, Ordinance No. 13114 was adopted as the Zoning Ordinance of theCity 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 ofthe 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 wouldallowAffordableHousingdevelopmentswithinCommunityRedevelopmentAreas(“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 adoptedOrdinance 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

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, BEITORDAINEDBYTHECITYCOMMISSIONOFTHECITYOF 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 followingparticulars:

“MIAMI 21 CODE

ARTICLE 3. GENERAL TO ZONES

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3.15AFFORDABLEANDATTAINABLEMIXED-INCOMEHOUSINGSPECIALBENEFIT PROGRAM SUPPLEMENTAL REGULATIONS

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3.15.6

InadditiontotheDevelopmentincentiveslistedabove,AffordableHousingand Attainable Mixed-Income Housing projects shall be afforded Density bonuses as follows:

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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 Housingdevelopment provided the development satisfies all of the following:

i.1.MeetsthecriteriainSubsection 3.15.1(a) or 3.15.2;and

ii.2.Includesaminimum 200AttainableMixed-IncomeHousing units located within a Community Redevelopment Area (CRA);andor

iii.3.LocatedwithinaCommunityRedevelopmentArea(CRA)orIncludesaminimum70AttainableMixed-IncomeHousingunitslocated inanOpportunity 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 atthe 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 ofthissection, an eligible receivingsite shall mean any propertythat satisfies all the following:

i.LocatedwithinaT5,T6,orCI-HDTransectZone;

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 inaNeighborhoodConservationDistrict(NCD), historic district, nor within 500 feet of a single-family residential zone.

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 recordsof 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 theCRA master plan. A final contribution amount of between fifteento twenty-five percent (15% - 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 theprovisions of thisOrdinance shall becomeand bemade 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 [.](file:///C:/Users/vjalvarez/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/GBH6SC27/TDD%20Legislation%20-%20updated%20per%20CC%20(002).docx#_bookmark1)