SB 102 - Live Local Act

 

The page provides a proposed set of rules and processes for implementing SB 102 (2023), inclusive of the recent legislative changes made by SB 328 (2024), known as the “Live Local Act” (“Act”). Please check back often as these guidelines will be refined as we work through the initial round of Live Local Act projects.  Where words are capitalized, it generally indicates a defined term in Miami 21.

The Act provides that a development project qualifies if it:

Is “in any area zoned for commercial, industrial, or mixed use”;

Provides at least 40% of residential units as affordable as defined in State law at 120% of area median income for 30 years or more and will be restricted to rentals for such period;

Contains 65% or more residential use by square footage (if mixed use);

The project is not designated as recreational and commercial working waterfront (“CWW”) in the jurisdiction’s comprehensive plan;

The project is not located “within one-quarter of a mile laterally from the runway edge and within an area that is the width of one-quarter of a mile extending at right angles from the end of the runway for a distance of 10,000 feet of any existing airport runway or planned airport runway identified in the local government’s airport master plan.”;

A qualifying project is then granted, administratively:

The highest density allowed in the jurisdiction, which is 1000 dwelling units per acre;

The height permitted within 1 mile “for a commercial or residential development” (unless restricted due to adjacency to a T3 Transect Zone);

If located in a zone without multifamily use, such use is permitted by right, unless T3; and

An FLR of 36.

The following Miami 21 Transect Zones are considered commercial, industrial, or mixed use and qualify under the Act: T4-L, T4-O, T5-L, T5-O, T6-R, T6-L, T6-O, CS, CI, CI-HD, D1, D2, and D3 (unless designated as CWW in the Miami Comprehensive Neighborhood Plan (“MCNP”)). All T3 zones, as well as T4-R and T5-R do not qualify under the Act as they do not permit mixed use.

Height: Height will be determined using the comparator property within 1 mile so long as that property permits a commercial or residential use. A qualifying project’s height is taken from the comparator site. However, the subject property’s proximity to other zones may modify the ability to use such height. Height is subject to the limitations required to be enforced by the City of Miami found in Chapter 33 of the Miami-Dade County Code for airspace protections for Miami International Airport (“MIA”). Runway  protection provisions under the Act prohibit a project near MIA in an area ¼ of a mile wide on each side of runway 12-30 extending 10,000 feet from the end of the runway (southeasterly to approximately the intersection of West Flagler Street and 37th Avenue) as well as properties directly east of runway 9-27 in area ¼ of a mile wide on each side of the runway extending 10,000 feet (easterly to approximately the intersection of NW 17th Street and NW 30th Avenue). Properties close to these prohibited theoretical runway extensions may provide a specific purpose survey to prove compliance with the Act.

The use of the comparator property applies as well to setbacks, tower separation, floorplate area and length limitations, and all other design aspects that regulate the building at a particular height. Because Miami 21 defines Building Height as “The vertical extent of a Building measured in Stories”, regulations that affect the building depending on its Height continue to apply. In other words, because Height is imported from a comparator site, the rules regulating that height, or vertical extent, continue to control. However, the recent legislative changes made by SB 328 (2024) defines the term “highest currently allowed height” and clarifies that it “does not include the height of any building that met the requirements of this subsection or the height of any building that has received any bonus, variance, or other special exception for height provided in the municipality’s land development regulations as an incentive for development”. Therefore, a qualifying project shall be limited to the maximum height allowed by the comparator site, excluding any bonus height obtained by Public Benefits. A site sharing a lot line with a T3 Transect Zone containing at least 25 single-family homes on two or more of its sides is only permitted the higher of (1) 150% of the height of a property sharing a lot line with the subject site, (2) the height afforded to the property by its own underlying Transect Zone, or (3) three stories. This provision does not apply to subject sites with only one of its sides adjacent to a T3 Transect Zone.

Example 1: A subject site that is zoned T5-O with a T6-8 comparator site within one mile limits the qualifying project to 8 stories.

Example 2: A subject site that is zoned T5-O within one mile of a T6-12 comparator site is permitted 12 Stories. The 1st 5 Stories proceed by Right. Stories 6 – 8 may only be obtained by satisfying the requirement for bonus Height as specified in Sec. 3.14 of Miami 21. Stories 9 – 12 would proceed by Right. All the design requirements from T6 would apply above the 8th Story.

Example 3: A subject site that is zoned T6-8-O within one mile of a T6-36 comparator is permitted 36 Stories. The 1st 8 Stories proceed by Right. Stories 9 - 12 may only be obtained by satisfying the requirement for bonus Height as specified in Sec. 3.14 of Miami 21. And Stories 13 – 36 would proceed by Right.

Example 4: A subject site is zoned T5-O in NRD-1 and is eligible for the additional 3 Stories of bonus Height as it is not Abutting a T3 zone. The comparator site is zoned T6-36-O. The 1st 5 Stories proceed by Right. Stories 6 – 8 may only be obtained by satisfying the detailed requirements of NRD-1 for bonus Height. Stories 9 – 36 would proceed by Right.

Floor Lot Ratio (“FLR”) / Intensity: Because a municipality may not restrict floor area ratio (a term similar to floor lot ratio and understood to be the same development parameter – overall building bulk or square footage) below 150% of the highest currently allowed before bonuses, a qualifying project receives an FLR of 36 as T6-80, Miami 21’s highest Intensity zone,  permits an FLR of 24 by right and 150% of 24 is 36.

Zones where Multifamily is not a permitted use: Zones that don’t permit multifamily are required to use all other design aspects of the T6 zone, including access, parking requirements, setbacks, and the like as the Act requires that the City apply its multifamily regulations to these zones. The Act requires that the City treat a qualifying project as conforming use so for qualifying projects in those Transect Zones that do not permit multifamily, the use is not subject to the amortization provisions of Section 7.2.6(a) even after expiration of its affordability period.

Parking: Parking requirements are reduced by 20% if the project is located within a ½ mile of a “major transportation hub”. Additionally, the required parking for these projects may be also provided off-site if there is available parking within 600 feet of the project. This allows for a reduction in parking requirements though an off-site parking covenant. Miami 21 permits a further distance of 1,000 feet to off-site parking, but not if the project is within 500 feet of a T3 Transect Zone. The Act’s requirements are without that limitation but only permit a maximum distance of 600 feet. “Major Transportation Hub” shall be defined as any facility that qualifies as a station or stop within a designated Transit Oriented Development (TOD) or Transit Corridor area, as recognized by the City of Miami.

Parking requirements are eliminated for a mixed-use project in a Transit Oriented Development (TOD) area. The project, to be mixed-use, must incorporate a Commercial, Office or other Use aside from Lodging.

Zone-specific Issues with FLR: Though the Act grants a 36 FLR, the FLR limitations on commercial use of a property in certain zones in the MCNP continue to apply. Because the T4-L and T4-O zones correspond to the Low Density Restricted Commercial category of the MCNP, the limitation that the nonresidential portion of the development be no more than 3 times the net lot area continues to apply. This is not anticipated to cause a problem for qualifying projects as the Act already requires that 65% or more of the project be residential.

The CI zone takes its development characteristics from the most restrictive abutting transect. Although the height regulations for CI are preempted by the Act, the requirement that the property be developed in accordance with the most restrictive abutting zone continues to apply. A CI-zoned property abutting a T3, T4-R, or T5-R property does not qualify under the Act.

Waivers: The Act seeks to allow these projects by right. Miami 21 permits projects such as these in a by right fashion. Use of the Act for a project does not preclude an application for Waivers. However, at that point the project will not proceed by right and will require notice per Miami 21.

Warrants: Especially in mixed-use projects, Warrants (also known as conditional use permits) shall follow the process for receiving approvals. Examples include non-residential uses included in mixed-use projects that may include outdoor dining, etc.

Exceptions: Exceptions, including for maximum lot size, continue to apply.

HEPB: Projects subject to the Historic and Environmental Board process, whether at the board or staff level, continue to be subject to the same. The HEPB board is required to apply its criteria, including compatibility, for these projects as they would for any other. The HEPB reserves the right, not withstanding the maximum height permitted by the Act to reduce or condition Height based on its application of the appropriate standards for a district or property for purposes of compatibility.

UDRB: Similar to other administratively processed affordable housing projects, the project may be subject to UDRB, per Miami 21 Code, Section 7.1.1.2(a)(10). This ensures that the aesthetics and design quality are maintained consistently for similar projects.

Lastly, the following is a checklist of what materials and information will be needed for a project qualifying under the Act. If a Special Permit is not triggered, then this checklist will be the City’s policy containing procedures and expectations for projects permitted administratively under the Act:

  1. A covenant with HCD certification as to the income mix and required affordability, a rental-only restriction, and a release provision that the covenant is in place for 30 years from TCO or CO and may only be released earlier by bringing the project into full compliance with Miami 21 or a successor zoning ordinance;
  2. A specific purpose survey demonstrating the 1-mile distance (unless the comparator site is so obviously close to render this unnecessary) with a brief analysis of the comparator.
  3. Easily visible notes on the zoning legend indicating this is a Project under the Act, especially where the project deviates from the transect’ s usual limitations. This includes notes showing the deviation in Density, Height, FLR, parking, etc.;
  4. A table, with a diagram, indicating the ratio of 65%+ residential to any other use, if there is another use. A note or other indicator there is a use besides Residential as well as demonstrating the project is in a TOD, which may be confirmed by the Planning Department, is required when seeking the parking exemption;
  5. Verification that the property is not CWW;
  6. If located within 10,000 feet of the end of runways 12-30 or 9-27 (or other areas in the path of any MIA runway if annexed into the City in the future), a survey showing all portions of the site are outside the prohibited zone;
  7. Verification that the property is within ½ mile of a bus stop within the Transit Corridor area, a Metromover station, or Metrorail station if utilizing the 20% parking reduction.
  8. An offsite parking covenant to be completed prior to building permit if utilizing the 20% parking reduction; and
  9. It is expected that all other processes generally for multifamily or mixed-use building apply except as to the deviations described here for projects permitted pursuant to the Act.

 

 

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