HomeMy WebLinkAbout2021-005-435 Land Development Regulations UpdateORDINANCE NO. 2021-005-435
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AMENDING ARTICLE II –
“ADMINISTRATION,” ARTICLE XV – “PLANNED CORRIDOR
DEVELOPMENT DISTRICT (PCD) AND ENTERTAINMENT
OVERLAY DISTRICT (EO),” AND ARTICLE X – “ACCESSORY
USES AND STRUCTURES,” OF THE CITY OF MIAMI GARDENS
LAND DEVELOPMENT CODE IN ACCORDANCE WITH EXHIBIT
“A” ATTACHED HERETO; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR INCLUSION IN CODE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Gardens adopted Land Development Regulations
(LDRs) in 2010, and
WHEREAS, staff has undertaken a review of the LDR’s to determine whether
changes need to be made, and
WHEREAS, the Florida Legislature presented House Bill 401- Florida Building
Code amending the Community Planning Act effective July 1, 2021, and
WHEREAS, City staff is recommending updates to sections of the LDR’s pertaining
to Article II – “Administration”, Sec.34-45.1 Development Review Committee (DRC); and
Article XV – “Planned Corridor Development District (PCD) and Entertainment Overlay
District (EO),” Section 34-530 Development features that qualify for incentives and
Section 34-531 Schedule of development incentives, in accordance with Exhibit “A”
attached hereto,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Ordinance.
Section 2. AMENDMENTS: Article II – “Administration”, Article XV –
“Planned Corridor Development District (PCD) And Entertainment Overlay District (EO),”
and Article X – “Accessory Uses and Structures,” of the Land Development Regulations
are hereby amended in accordance with Exhibit “A” attached hereto.
Section 3. CONFLICT: All ordinances or Code provisions in conflict herewith
are hereby repealed.
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Section 4. SEVERABILITY: If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by
any court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining
portions of this Ordinance.
Section 5. INCLUSION IN CODE: It is the intention of the City Council of the
City of Miami Gardens that the provisions of this Ordinance shall become and be made a
part of the Code of Ordinances of the City of Miami Gardens and that the section of this
Ordinance may be renumbered or relettered and the word “Ordinance” may be changed
to “Chapter,” “Section,” “Article” or such other appropriate word or phrase, the use of
which shall accomplish the intentions herein expressed.
Section 6. EFFECTIVE DATE: This Ordinance shall become effective
immediately upon its final passage.
PASSED ON FIRST READING ON THE 9th DAY OF JUNE, 2021.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON JUNE 23, 2021.
________________________________
RODNEY HARRIS, MAYOR
ATTEST:
________________________________
MARIO BATAILLE, CMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: CAMERON BENSON, CITY MANAGER
Moved by: Councilman Stephens
Seconded by: Councilwoman Campbell
VOTE: 6-0
Mayor Harris Absent
Vice Mayor Leon Yes
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Councilwoman Campbell Yes
Councilwoman Ighodaro Yes
Councilwoman Julien Yes
Councilman Stephens, III Yes
Councilwoman Wilson Yes
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EXHIBIT A
Language to be added is underlined; language to be deleted is shown as strikethrough.
ARTICLE II. - ADMINISTRATION
Sec. 34-45.1. Development Design review committee (DRC).
(a) Authority; establishment. The development design review committee (DRC) is hereby established with
the express intent to review applications for development orders or permits relative to the
requirements, regulations and standards of this chapter. The DRC shall approve, approve with
conditions, or disapprove a submittal on the basis of the criteria set forth herein this section. In the
case of applications for which the DRC acts in an advisory capacity, it shall make recommendations
for approval, approval with conditions, or disapproval. In all cases requiring site plan review, no
structure, or part thereof, shall be erected or used, or land or water used, or any change of use
consummated, nor shall any building permit be issued, unless a site plan has been reviewed and
approved, and found to be in substantial compliance with the written standards included in this
development code.
(b) Members. The development design review committee (DRC) shall be administered and chaired by
the administrative official and shall be composed of the following staff persons or their designees:
(1) Director of Planning and zoning manager.
(2) Director of public works.
(3) Director of parks and recreation.
(4) Police chief.
(5) Director of building and code compliance department.
(6) Director of code enforcement
(7) Director of community improvement
(68) Any other city staff, or contractor which at the discretion of the administrative official, provides
professional experience necessary to determine whether an application complies with the
review criteria set forth herein.
(79) Representatives from the city manager and city attorney's offices, when determined
appropriate by the administrative official.
(c) Duties and responsibilities. The development design review committee shall have the following
duties and responsibilities:
(1) Review and approve site plans for all new retail/commercial/industrial/office/institutional type
construction, including enlargements and/or modifications of existing buildings and/or of a site
that requires substantial re-configuration of site improvements prior to issuance of building
permit.
(2) Review and approve site plans for new construction of government facilities, community and
civic centers, ALFs, hospitals and medical centers, stadiums, places of public assembly,
including enlargements and/or modifications of existing buildings and/or of the site that require
substantial re-configuration of site improvements prior to issuance of building permit.
(3) Review and approve site plans for new construction within subdivisions of single-family homes
of more than six one units; all new construction of townhouse developments; all new
construction of mixed-use and multifamily residential developments with more than three two
units; and any modifications to existing residential developments that require substantial re-
configuration of site improvements prior to issuance of building permit.
(4) Review and approve site plans for all parking structure construction.
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(5) Review all site plans accompanying special exception use approval requests, and make
recommendations to the city council.
(6) Review all site plans accompanying PD planned development rezoning application and make
recommendations to the city council.
(7) Review and approve all plans for development in GP Government Properties District Capital
Improvement Projects.
(8) Review vacation/abandonment/dedications of rights-of-way, alleyways, and easements and
make recommendations to city council.
(9) Review final plats, and waiver of plats and make recommendations to city council.
(10) Review and approve plans submitted for certificate of nonconformity as set forth in section 34-
59.
(11) Review any other types of developments or projects that the administrative official determines
to require DRC review and approval.
(d) Organization, rules, and procedures. The development design review committee (DRC) process
shall consist of the following:
(1) Pre-submittal meeting. Upon request of the applicant, or upon determination of the administrative
official, pre-submittal meetings will be held with DRC members for the purpose of reviewing the
proposed development prior to the formal submission of an application for development
approval. Formal application or filing of a site plan application and plans with the planning and
zoning department is not required for the pre-submittal conference. Failure of staff to identify any
requirements at a pre-submittal conference shall not constitute waiver of any code provision of
condition of approval that may later be required when reviewing the formal application submittal.
The city shall notify the applicant of the date, time and place of the pre-application meeting.
(2) Application by owner of interest in subject property. The application for DRC pre-submittal
meeting shall be submitted by the owner of an interest in the land, on a completed application
form approved by the city, accompanied with the required fee. If the applicant is not the fee
simple property owner, a limited power of attorney from the fee simple property owner authorizing
the applicant to act on his/her behalf is required.
ARTICLE XV. - PLANNED CORRIDOR DEVELOPMENT DISTRICT (PCD)
AND ENTERTAINMENT OVERLAY DISTRICT (EO)
Sec. 34-530. Development features that qualify for incentives.
Bonuses are awarded for developments that provide the following features, pursuant to the schedule
of incentive bonuses in section 34-531.
(1) Constructing at the build-to-line. This feature requires that off-street parking is located in the
rear yard, interior side yard, or both, and that the building is located adjacent to the sidewalk. A
specific cross-section has been established for this option.
(2) Constructing mixed-use development. Mixed-use development is subject to section 34-591,
regardless of whether an incentive bonus is sought. It is important to note that the maximum
floor area ratio that can be achieved without constructing for mixed use is limited to 0.5.
(3) Providing improved urban open space. Plazas, greens and pocket parks are urban open
spaces that qualify for incentive bonuses. The city shall determine, at its sole discretion, when
to award an incentive bonus for urban open space, pursuant to the urban open space design
standards in section 34-420.
(4) Complying with the architectural guidelines. The city council may adopt architectural standards
by resolution, for which compliance is voluntary, and bonuses are awarded as an incentive for
compliance.
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(5) Providing market rate dwelling units. Market-rate dwelling units are not subsidized, and are sold
or rented to buyers or renters at whatever sale price or rental rate that the real-estate market
commands in the given location. Bonuses are awarded for developments with at least 85 percent
market-rate units. In order to qualify for a bonus, the developer shall record a declaration of
restrictive covenants in favor of the city that guarantees that the specified number of dwelling
units will not be subsidized for renters or buyers for the duration of the covenant as provided by
law.
(6) Sustainable construction and building systems. Sustainable building practices refers to building
and building site design, materials and construction techniques that minimize demand for
nonrenewable material and energy resources, water consumption, and minimize the generation
of waste products and pollution, and stormwater runoff. The city's sustainable
building/development program is a voluntary program that developers may choose to participate
in, for which incentive bonuses shall be awarded. Section 34-534 details how to qualify for this
incentive.
(7) Providing a transit amenity. In order to qualify for a bonus, the developer must provide a bus
shelter and transit information kiosk that meets or exceeds the requirements of county transit.
The developer must also place the building at the build-to-line (which qualifies for additional
bonuses). The kiosk must be located within 25 feet of a transit shelter. The incentive for providing
a transit amenity is discretionary, meaning that the city may reject a transit shelter at proposed
locations that the administrative official determines are not appropriate or desirable for same.
(8) Providing workforce housing dwelling units. Bonuses for workforce housing dwelling units may
be awarded for developments with at least 25 percent workforce housing units. Workforce
housing units refer to rental units, single-family or multi-family homes for individuals or families
whose incomes are within 60 to 140 percent of the County's area median income as adjusted
for family size. In order to qualify for a bonus, the developer shall record a declaration of
restrictive covenants in favor of the city that guarantees that the specified number of dwelling
units will be reserved as workforce housing units for the duration of the covenant as provided by
law.
Sec. 34-531. Schedule of development incentives.
Available incentive bonuses Development features that qualify for incentives Building on 15' build-to-line Mixed-use development Compliant architecture Urban open space Market-rate Housing Workforce Housing Transit Infrastructure Sustainable
Buildings 50% Credit Option 100% Credit Option Increase impervious area (see section 34-
532)
5% increase X X X X X
10% increase X X X X
15% increase X X X X X X X X X
Reduce PCD arterial street LS buffer (see
section 34-532)
5-foot reduction X X X X
10-foot reduction X
Reduce side setback & LS buffer (see
section 34-532)
5-foot reduction X X
Eliminate setback and buffer X
Reduce rear LS buffer (see section 34-
532)
X
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2.5-foot reduction X
Eliminate interior parking lot LS islands
(see section 34-532)
X
Increase height/density/FAR
1 story increase X X X
2-story increase X X X X X
3-story increase X
Allow flexible parking (see section 34-
532)
X X
Reduce avg. dwelling unit area (see
section 34-532)
25 s.f. reduction X
50 s.f. reduction X X X
Expedite permits (see section 34-532) X X X X X X
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