Miami 21 to 2100: Zoning Recommendations for a More Affordable, Resilient, and Sustainable Miami

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Miami 21 to 2100 Zoning Recommendations for a More Affordable, Resilient, and Sustainable Adaptation of Miami A ULI Southeast Florida/Carribean Young Leader’s Group White Paper April 2022


Introduction The Miami 21 Review Task Force, composed of twelve local professionals, developers, and community representatives who collaborated during 10+ public meetings throughout 2021, produced a final report setting forth 183 recommendations (“Task Force Final Report”). Following the Task Force Final Report, the Urban Land Institute (“ULI”)’s Young Leaders Group solicited community input via an in-person workshop and online comment form to ensure that young professionals are involved. In partnership with The American Institute of Architects (“AIA”) Miami’s Resilience + Adaptation Committee, this report sets forth a limited collection of low-friction action items that can be implemented at little to no cost to the City. The recommendations outlined in this paper are not intended to be an exhaustive list of recommendations* but a clear path to a Phase I Implementation of concepts designed to foster a more resilient, sustainable, and affordable Miami starting now. This Miami 21 white paper is intended to engage the existing Miami 21 Zoning Code through a water, energy, and carbon agenda that strengthens Miami’s position as a global climate leader in thinking and doing. The Task Force Final Report is the genesis for each of the recommendations in this paper, and we provide specific citations herein, along with a full list at the end of the paper. Some of the Task Force Recommendations are fully endorsed; in other instances, a portion of a Task Force Recommendation is utilized or adapted. The name Miami 21 to 2100 is a reference to the year 2100. It acknowledges that decisions related to the built environment will have consequences now and long into the city’s future. *We recognize that there are many strong ideas in the Task Force Final Report (as well as in other recommendation reports, such as ULI’s 2019 “Miami21: Good to Great” report, and Plusurbia’s “Me Importa; Little Havana Master Plan”) that are not addressed herein.

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Urban Land Institute Southeast Florida / Carribean


Editors: Aaron DeMayo and Mark Grafton Drafting Committee: Amanda Barton, Carli Koshal, and Shawna Meyer Advisors: Jacqueline Gonzalez Touzet, Jesse Rittenhouse, and Chi Chi Truong Contributors: We must also recognize that this White Paper was inspired by the thoughts and comments of over 50 young professionals who took the time to engage with these important topics via our in-person workshop and submission of our comment form.

Miami21 to 2100: Zoning Recommendations for a More Affordable, Resilient, and Sustainable Adaptation of Miami

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Urban Land Institute Southeast Florida / Carribean


Contents Accessory Dwelling Units (ADUS) - Page 6 Missing Middle Housing - Page 8 Parking - Page 10 Adaptive Reuse - Page 12 Review Timelines and Processes - Page 14 Heat and Tree Canopy - Page 16 Carbon Reduction Strategies - Page 18 Freeboard - Page 20 Water Resource Management - Page 22 Miami21 Task Force Report Cited Recomendations - Page 24

Photo by Nathalie Fernandez Miami21 to 2100: Zoning Recommendations for a More Affordable, Resilient, and Sustainable Adaptation of Miami

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Accessory Dwelling Units Introduction: Reducing the regulatory restrictions on Accessory Dwelling Units (ADUs) represents a low-profile, free-market solution to one of Miami’s most pressing issues – housing affordability. ADUs, AKA casitas, granny-flats, efficiencies, already exist in Miami’s most established neighborhoods and are often a preferred solution for intergenerational families. They are beneficial to both renters (by increasing housing options) and homeowners (by providing an optional rental income). Miami21 Task Force Recommendations Report References: [A.22; A.30; A.32; A.61; A.62; A.65]

Aerial view of SW 11th Terrace & 14th Avenue 6

Urban Land Institute Southeast Florida / Carribean


Substantive Changes: Current Regulatory Framework

Proposed Revisions

ADUs only permitted in T3-L and T4

Expand permitted zones to include T3-O and T5 [A.65]

ADU Maximum Size – 450 square feet

Increase maximum permitted size to 700 SF if 1 bedroom, and 900 SF if 2 bedrooms [A.30]

One parking spot required per ADU

No parking required if within a Transit Corridor [A.32]

ADU cannot be used as a third unit in T3-0

Delete this prohibition [A.61; A.62]

Principal dwelling owner must be on-site

Delete this prohibition [A.22]

for ADU to be rented

Analysis:

While many advocates call for increasing the maximum permitted size of ADUs to 1,200 feet, the modest increases we are proposing allow for ADUs to more closely align with demand and normal production. These recommendations allow for additional housing to be dispersed throughout our communities without dramatically altering the character of any neighborhood. Additionally, our incremental approach does not change the regulations relating to T3-R, Miami 21’s most restrictive residential zoning district.

Supporting Resources :

- Accessory Dwelling Unit - Florida Housing’s white paper on the benefits of ADUs (advocating for 1,200 sq ft max size, and that ADUs be permitted in all zoning districts) - Accessory Dwelling Units: A Flexible Free-Mark Housing Solution (R Street Policy Paper) - The ABCs of ADUs: a guide to ADUs and how they expand housing options for people of all ages (published by AARP) Miami21 to 2100: Zoning Recommendations for a More Affordable, Resilient, and Sustainable Adaptation of Miami

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Missing Middle Housing Introduction: There is a market gap between high-rise condominiums and singlefamily houses in Miami - i.e., the so-called “Missing Middle Housing.” By making T4 and T5 zoning districts eligible for density bonuses in exchange for rental restrictions, the City will enable more walkable, desirable, yet attainable housing choices that many people across the country are struggling to find. Miami21 Task Force Recommendations Report References: [A.37; A.58; A.60]

Aerial view North on NW 22nd Avenue 8

Urban Land Institute Southeast Florida / Carribean


Substantive Changes: Current Regulatory Framework

Proposed Revisions

T4 - 36 units per acre; not eligible for any bonus density.

Expand Public Benefits Program to apply to T4 and T5 districts within a Transit Corridor as follows: Workforce Housing Units (rented to individuals with

T5 - 65 units per acre; not eligible for any

incomes at or below 100% AMI) shall not count to-

bonus density (in limited circumstances,

wards permitted density; in no event, however, shall

T5 can be eligible for an additional story as

any development utilizing this bonus exceed the fol-

provided in Section 13.4.1).

lowing thresholds, inclusive of Workforce Housing Units: for T4 - 72 units per acre; and for T5 - 100 units per acre. [A.37; A.58; A.60]

Miami 21 showing Transit Corridor & TOD Area, Source: Gridics

Analysis:

Many practitioners have characterized the T4 and T5 zoning districts as “broken” because the middle housing typologies that these districts are intended to allow are often not feasible when all land-use regulations are accounted for. By allowing increased density in areas well-served by transit and requiring such additional units to be leased at attainable rents, this proposed revision presents a market-oriented, urban-infill affordable housing solution.

Supporting Resources :

- Miami becomes least affordable housing market in the US - (therealdeal.com) - Zumper’s 2021 Annual Rent Report - American Planning Association - 5 Practical Zoning Hacks for Missing Middle Housing - Miami Dade County - AMI 2022 Income Limits Miami21 to 2100: Zoning Recommendations for a More Affordable, Resilient, and Sustainable Adaptation of Miami

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Parking Introduction: Cities around the world are recognizing that imposing minimum parking requirements result in: (1) increased costs for development, (2) less supply of housing product, and (3) increased car ownership (which in turn increases congestion and pollution). While places such as Buffalo, NY, and Minneapolis, MN, have obtained favorable results by eliminating parking minimums city-wide, our suggested updates to Miami 21 take a minimally disruptive, incremental approach. Miami21 Task Force Recommendations Report References: [A.3; A.4; A.5; A.6; A.12; A.23; A.35]

Miami 21 Zoning Map, Source: Gridics

The Allapattah Metrorail Station located on NW 12th Avenue offers direct connectivity across the city and county. Above, a portion of the Miami 21 Zoning map shows only a small portion of nearby property is T5, T6-8 and D1, with the majority T3 and T4. Below, the Transit Corridor Quarter Mile Radius overaly is shown. By enacting the proposed revisions listed to the right, this area can create a more walkable live-work-play neighborhood, accessible by transit.

Miami 21 Zoning Map showing Transit Corridor & TOD Area, Source: Gridics 10

Urban Land Institute Southeast Florida / Carribean


Substantive Changes: Current Regulatory Framework

Proposed Revisions

“Except for sites within 500 feet

Increase small building exemption to 20,000 Sq. Ft [A.12]

of an ungated T3 Transect Zone,

Measure 500 feet distance (from building entrance) to ungat-

the parking ratio may be reduced

ed T3 by actual walking/driving distance, rather than a radius.

within a TOD area or within a

[A.23]

Transit Corridor area by up to

If within 500 feet of ungated T3, then applicant must pay into

thirty percent (30%) by process

a program providing for resident-only parking on T3 surface

of Waiver; by up to fifty percent

streets within 500 feet.* Resident-only decals would only be

(50%) by process of Waiver and

available to registered owners of T3 properties, who would

payment into a transit enhance-

automatically receive 2 resident stickers and a yet-to-be de-

ment Trust Fund, as established

termined number of guest passes mailed each Dec 1 for the

by Chapter 35 of the City Code; or

following year [A.35]

by one hundred percent (100%) for any Structure with a Floor

For developments of 16 units or less, any Affordable/Work-

Area of ten thousand (10,000)

force Housing Unit within a Transit Corridor shall require no

square feet or less.”

parking for such a unit. [A.3; A.4; A.5] •

Reduce 23’ drive Aisle standard to 20’ minimum for 90 degree angle: 17’ minimum for 60 degrees angle and 12’ minimum for 45 degree angle, for all types of projects. 10% waiver is not applicable in addition. [A.6]

Analysis:

These proposed revisions encourage small and medium scale, incremental development to occur in areas that are well served by transit. By continuing to protect from spillover parking onto nearby T3 surface streets, these revisions address the most likely concern. Reducing drive aisle width allows the development of otherwise infeasible projects, and reduces the amount of resources dedicated to parking. * Projects within 500 feet of ungated T3 shall pay $10,000 per parking space reduced via the waiver process up to 30% of required parking. Half of the funds will be used to set up resident parking signage infrastructure on surface streets within 2,000 feet of the subject development property and related program expenses, including enforcement. The other half of the funds will pay for bicycle infrastructure within 1 mile of the subject development site.

Supporting Resources :

- Parking Mandates Map - Parking Reform Network (listing out cities that have eliminated minimum parking requirements) - Reduced and More Accurate Parking Requirements | Planetizen Blogs Miami21 to 2100: Zoning Recommendations for a More Affordable, Resilient, and Sustainable Adaptation of Miami

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Adaptive Reuse Introduction: Adaptive reuse of existing structures provides numerous benefits, including activation of vacant parcels, urban infill, sustainability, and residential affordability. Miami 21 provides some incentives for the adaptive use of existing structures, specifically concerning parking and on-site stormwater retention. However, the expansion of Miami 21’s adaptive use benefits can make the reuse of existing buildings more economically and sustainably advantageous while addressing urban issues like housing affordability. Discouraging the demolition of existing housing units will reduce empty unkempt lots that perpetually plague neighborhoods and reduce speculative land sales, which hinder growth cycles. Miami21 Task Force Recommendations Report References: [A54; B.9; B.28] 12

Urban Land Institute Southeast Florida / Carribean


Substantive Changes: Current Regulatory Framework

Proposed Revisions

7.2.8.a. No change shall be made

Clarification of 7.2.8.a to provide examples of what kind of

in any nonconforming site im-

modifications do not count as increasing nonconformities.

provement which increases the

For example, vertical extension of a nonconforming setback.

nonconformity...

Permit an up to fifty percent (50%) increase in floor area,

7.2.8.b. Where existing Off-street

within the same building footprint, with no additional parking

Parking is nonconforming to the

requirements. [B.9]

requirements of this Code or any

Modify 7.2.8 to permit additional lot coverage for buildings

other City standards to any Use

which are substantially retained and reused through the

permitted in the Transect Zone,

Waiver process. For example, a lot coverage increase of up

Adaptive Use, shall not require

to 5% above the existing lot coverage via Waiver for buildings

the provision of additional park-

which are substantially retained and reused. [B.9]

ing or on-site storm water retention or detention.

Modify 7.2.8 to permit a 25% density bonus for residential units created within the existing building envelope and within the 50% permitted floor area increase, if utilized. [A.54; B.28]

Analysis:

Vacant and underutilized buildings present an issue not only for the property owner, but also for the City. By incentivizing rehabilitation and expansion of existing buildings the City will be encouraging activation of underutilized parcels, potentially reducing Code Compliance issues, and creating a framework for the creation of additional affordable housing units. Allowing greater intensity and density while retaining existing building envelopes will encourage developers to provide residential options, at a lower price point, in already developed areas served by existing infrastructure.

Supporting Resources :

- How Adaptive Reuse Can Help Solve the Housing Crisis (analysis of Office conversion into Affordable Housing can address affordable housing shortage) - Ten Benefits of Adaptive Reuse | Modern Cities (benefits associated with adaptive reuse) - Adaptive Reuse Projects | LADBS (City of LA Adaptive Reuse Program- relaxes parking, density, and other typical zoning requirements) - Planning and Development Adaptive Reuse Policies (City of Phoenix Adaptive Reuse Policies, including plan review and permit assistance) - 2021 Pritzker Prize winners - Anne Lacaton and Jean-Philippe Vassal (creative readaption could be a model for urban planning in the U.S.) - Photo left: Aerial view of Julia and Henry’s - A Mixed-Use Adpative Re-Use building on Flagler Street Miami21 to 2100: Zoning Recommendations for a More Affordable, Resilient, and Sustainable Adaptation of Miami

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Review Timelines and Processes Introduction: The Miami 21 Task Force Recommendations Report Service Section Introduction acknowledges the hard work and professionalism of Planning and Zoning Staff and that insufficient resources often limit the effective implementation, maintenance, and enforcement of Miami 21. The Task Force also emphasized the importance of investing in staff to facilitate the work of the Planning Department. Adequate resources and staff are critical to the efficient, appropriate, and consistent implementation of Miami 21. Significant variability exists within review timelines, which increases the uncertainty, risk, and costs associated with development. Article 7 of Miami 21 describes specific processes and timelines for City Planning and Zoning. Processes described include Waivers, Warrants, Exceptions, Variances, and Zone Changes. These processes require pre-application and staff plan reviews, while some applications require notice and public hearings. The processes are described, but timelines are not. Specific, reasonable timelines will assist City staff, property owners, and builders to set expectations and meet compliance. Miami21 Task Force Recommendations Report References: [A.25; A.27; E.5] Aerial view South toward Brickell, ‘Downtown 1st’ by Melo in foreground 14

Urban Land Institute Southeast Florida / Carribean


Substantive Changes: Current Regulatory Framework

Proposed Revisions

7.1.3.4 details submission and procedural requirements

Modify 7.1.3.4 to include realistic, reasonable timelines. For example: - A Pre-Application Meeting will be scheduled within 30 days of the City’s receipt of a complete application.. [A.25; [A.25; A.27; E.5] E.5] - Staff review shall be completed within 21 working days of City’s receipt of a resubmission. [A.25; A.27; E.5] E.5]

Aerial view SE from NW 29th Street

Analysis:

Applications vary in complexity, which may cause timelines for individual projects to vary. However, the amount of time associated with each step should be reasonably specified, to give City staff and developers a clear understanding of process and timeline. Establishing clear timelines and processes will help reduce uncertainty, and hopefully, increase productivity and investment.

Supporting Resources :

- Municode Code of Miami-Dade County, Florida - Chapter 33 - Zoning - Article XXXVI. / Sec. 33-304. - Applications “To allow for timely processing of applications, Department comments are to be provided to the Director within twenty-one (21) days following transmittal of the request for review, unless a greater review period is allowed by the Director.” Miami21 to 2100: Zoning Recommendations for a More Affordable, Resilient, and Sustainable Adaptation of Miami

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Heat and Tree Canopy Introduction: Green roofs and tree canopies assist with the reduction of the heat island effect. Green roofs also improve stormwater management, insulate buildings, extend roof life, and increase biodiversity. Reducing the heat island effect will lead to energy savings, carbon reductions, less heat-related health implications, as well as a generally more comfortable pedestrian experience. Updating the design and operational aspects within the built environment while accounting for the Street Tree Master Plan at the County, City, and Neighborhood scale is crucial to creating comfortable and safe environments. Miami21 Task Force Recommendations Report References: [B.1; B.10; B.15; B.15]

Analysis:

“Green roof temperatures can be 30–40°F lower than those of conventional roofs and can reduce city-wide ambient temperatures by up to 5°F. In addition, green roofs can reduce building energy use by 0.7% compared to conventional roofs, reducing peak electricity demand and leading to an annual savings of $0.23 per square foot of the roof’s surface.” The addition of up to 20% more covered area on the roof deck within T5 & T6 will promote the use of roof decks, which is typically for passive enjoyment, leading to a higher quality of life for residents, and will directly lead to the construction and maintenance of green roofs. Palm trees, which are widely appreciated for their aesthetic value, often do not make significant contributions to our tree canopy. The proposed revision follows the lead of cities such as Miami Beach, which are seeking to increase the use of non-palm trees to address urban heat. Extreme heat is the leading weather-related cause of death in the United States. High heat and humidity can lead to heat-related illnesses, including heat cramps, heat exhaustion, and heatstroke. From 1970 to 2019, per Climate Central, Miami has 77 more days above 90 °, with summers averaging 2.2 ° hotter in the same period. The summer in Miami is up to 17 ° hotter in the city than in nearby rural areas. It is projected that days above 90 ° will continue to grow by midcentury. However, days above 100 ° will more than triple, and we will see eleven times as many days above 105 °. 16

Urban Land Institute Southeast Florida / Carribean


Substantive Changes: Current Regulatory Framework •

Proposed Revisions

5.3.X Green Space shall be a minimum •

A Green Roof may substitute up to 20% of the on-grade

percent of the Lot area, depending on the

Green Space requirement by providing double the

Transect.

amount of area as an Intensive Green Roof. [B.15, B.25]

f. Palms of a fourteen (14) foot minimum •

No more than fifteen (15) percent of the minimum tree

overall height and minimum caliper of

requirements shall be palms. [B.10]

three (3) inches at time of planting shall count as a required tree on the basis of two (2) palms-per tree, except as provided herein for palms used as of street trees. No more than thirty (30) percent of the minimum tree requirements shall be palms. •

NRD-1 - 5.1.a.3- Extensions up to ten (10) •

For all T5 & T6, Trellises may extend above the maxi-

feet above the maximum Height for stair,

mum height of up to ten (10) feet. Extensions up to ten

elevator, mechanical enclosures, Habit-

(10) feet above the maximum Height for stairs, eleva-

able Space, or non-Habitable Rooms shall

tors, mechanical enclosures, or non-habitable rooms

be limited to twenty (20%) of the roof

shall be limited to twenty (20%) of the roof area unless

area, unless approved by Waiver. Habit-

approved by Waiver. An additional 20% of Habitable

able Space shall be treated as Public Ben-

Space may be included by Waiver. An Intensive Green

efit Floor Area.

Roof will be maintained for an area equal to Habitable Space. [ B.1, B.25]

Seen in photos: Miami Design District, world’s first Gold Level LEED ND: Built v4 Gold neighborhood, includes extensive vegetated and high-albedo white roofs, tree shaded streets, and centralized parking.

Supporting Resources :

- United States Enviornmental Protection Agency - Using Green Roofs to Reduce Heat Islands - The Miami Foundation - Climate and Heat Health Task Force - Urban Land Institute - Scorched: Extreme Heat and Real Estate - Miami Beach Rising Above - Miami Beach Urban Forestry Master Plan - CNN - Florida is ditching palm trees to fight the climate crisis Miami21 to 2100: Zoning Recommendations for a More Affordable, Resilient, and Sustainable Adaptation of Miami

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Carbon Reduction Strategies Introduction: We recommend significant and clear incentives for designing and developing sustainable and high-performing buildings. Our recommendations consider methods to reduce both “operational” and “embodied” carbon. Operational carbon includes all the energy and process used to operate the building. Energy models assess electricity and natural gas consumption to determine operational carbon impact. Embodied carbon assesses the effects of all the building components, materials, structure, and finishes over the entire material life cycle, cradle to grave. This includes raw material extraction, manufacturing, transportation, construction, use, and disposal. By incentivizing high-performing and sustainable buildings, we are taking a significant step towards achieving Miami’s goal to reach net-zero greenhouse gas emissions by 2050. Miami21 Task Force Recommendations Report References: [B.17]

Substantive Changes: Current Regulatory Framework

Proposed Revisions

3.13.1.b. All new Buildings of

3.13.1.b. All new Buildings of more than 50,000 square feet of Habitable

more than 50,000 square feet of

Rooms or Habitable Space in the T5, T6, CI and CS zones shall be at a mini-

Habitable Rooms or Habitable

mum certified as Silver by the United States Green Building Council (US-

Space in the T5, T6, CI and CS

GBC) Leadership in Energy and Environmental Design (LEED). Buildings

zones shall be at a minimum certi-

meeting the following certifications may also satisfy this requirement:

fied as Silver by the United States

[B.17]

Green Building Council (USGBC)

Leadership in Energy and Environ-

International Living Future Institute Core Certification or Zero Car bon Certification

mental Design (LEED) standards

Passivhaus

or equivalent standards adopted

ParkSmart Silver (for Parking decks and lots only)

or approved by the City.

NGBS Gold Certification

3.14.1.13. In T6 zones, additional

FGBC Gold Certification

Height and FLR for LEED certified

Green Globes 3 Globes Certification

Silver, Gold or Platinum Buildings

ENERGY STAR New Construction Certified

as described in Section 3.14.4. 18

Urban Land Institute Southeast Florida / Carribean


Proposed Revisions Energy Efficiency. For each 5% that a project demonstrates an improvement in the building’s performance rating utilizing compared with the baseline building energy performance rating, calculated according to the current version of ASHRAE 90.1, Appendix G, with errata, receive either: (a) one (1) additional unit of density, increasing the maximum up to 72 D/U in T4 and up to 100 D/U in T5, or (b) one 1 less required parking space. Green Roofs. For each 2,000 SF of Intensive Green Roof, receive either: (a) one (1) additional unit of density, increasing the maximum up to 72 D/U in T4 and up to 100 D/U in T5, or (b) one 1 less required parking space. Green Building Certification. In a T4 Zone, additional lot area shall be allowed for Buildings certified by the U.S. Green Building Council (or comparable certifications) as follows: - Silver: 10.0% of the Lot Coverage - Gold: 15.0% of the Lot Coverage - Platinum: 20.0% of the Lot Coverage *10% additional lot area based on 7.1.2.5.29 shall no longer apply to T4 lot coverage. Green Building Certification. In a T5 Zone, additional Density shall be allowed for Buildings certified by the U.S. Green Building Council and/or International Living Future Institute (Or comparable certifications) as follows: - Silver: 20.0% Density Increase (for buildings less than 50,000 sq ft) - Gold: 30.0% Density Increase - Platinum: 40.0% Density Increase ILFI Zero Carbon Certification: 50% Green Building Certification. In a T6 zone, in addition to the FLR incentive stated in Section 3.14.4.d., additional Density shall be allowed for Buildings certified by the U.S. Green Building Council and/or International Living Future Institute (Or comparable certifications) as follows: - Silver: 5% Density Increase (for buildings less than 50,000 sq ft) - Gold: 10.0% Density Increase - Platinum: 20.0% Density Increase - ILFI Zero Carbon Certification: 50% Density Increase

Analysis:

These recommendations fill a gap in Miami 21, which currently provides no incentives for properties within T4 and T5 to include sustainable and resilient design elements. Also, replacing “standards” with “certification,” provides for third party verification to assist in evaluating compliance with sustainable design standards. The long term effects of implementing these strategies would significantly decrease expenses over the lifetime of the property well outweighing the initial upfront costs. These sustainable and resilient strategies would be focused on the best return of investment for property owners.

Supporting Resources :

- City of Miami Greenhouse Gas Reduction Plan and Pathway to Carbon Neutrality by 2050 - Miami Forever Carbon Neutral - Zero Carbon Certification | Living-Future.org Miami21 to 2100: Zoning Recommendations for a More Affordable, Resilient, and Sustainable Adaptation of Miami

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Freeboard Introduction: Freeboard is the additional height above the Base Flood Elevation at which the lowest finished floor is built, offering greater protection from flooding and sea level rise. City, State, and County roadways bisect our neighborhoods. If rain and storm intensity and frequency increase and sea level rise continues as projected, roads may need to be raised. In anticipation, regulations can be added to ensure a smooth transition for a building adaptation to match future flood requirements. Miami21 Task Force Recommendations Report References: [B.3; B.6; B.7; B.12]

Analysis:

By proving that the design works in both current and future conditions, the developers are preventing expenses associated with redesign and retrofitting, which far outweigh design costs in the initial planning and construction phases. “According to a report from the Federal Emergency Management Agency (FEMA), 40% of businesses do not reopen following a disaster. On top of that, another 25% fail within one year.” Additionally, lateral structural beams and other cast-in-place building members should be created with an understanding of the potential future building adaptations. As a result, requiring additional design drawings for development within the Special Flood Hazard Areas, showing how a building can adapt to the potential ground-level increase, will increase the chance of successful adaptation. While it may be beneficial to place building systems above the ground floor, the proposed revisions allow flexibility for use of the ground level today. 20

Urban Land Institute Southeast Florida / Carribean


Substantive Changes: Current Regulatory Framework

Proposed Revisions

3.5.2 “A Story is a Habitable level within a Building of a maximum fourteen (14) feet in Height from finished floor to finished floor.

A single floor level exceeding fourteen (14) feet, or thirty (30) feet at ground level retail. [B.3; B.6; B.7]

Require the ground floors in all Special Flood Haz-

Basements are not considered Stories for

ard Areas to be a minimum of 18’. Mezzanines may

the purposes of determining Building Height.

not encroach below the 18’ threshold in Special

A ground level retail Story may exceed this

Flood Hazard Areas. In non-SFHA areas, should

limit up to a total height of twenty-five (25)

Mezzanine Floors be built below 18’, it must be con-

feet, or up to a total Height of thirty (30) feet

structed using materials and methods that can be

when a retail establishment is located in the

easily removed, without effect on structural integ-

Special Flood Hazard Area, given that the fin-

rity of the remaining building, should the ground

ished floor of the ground level meets the Av-

level need to be raised.

erage Sidewalk Elevation. A single floor level

In Special Flood Hazard Areas, provide a drawing

exceeding fourteen (14) feet, or twenty-five

package clearly illustrating how a building will be

(25) feet at ground level retail (or thirty (30)

adapted if/when the street and/or building entry

feet at ground level retail within the Special

elevation height is raised 3’-5’ due to the increased

Flood Hazard Area), shall be counted as two

flood elevation, via plan, section, elevation, and

(2) Stories; except for T6-36, T6-48, T6-60, T6-

accessibility diagrams. Ensure all loading docks,

80, and D1, where a single floor level exceed-

habitable, and non-habitable rooms that store me-

ing fourteen (14) feet may count as one (1)

chanical, plumbing, or electrical building functions,

story if the building height does not exceed

can be adapted. Ensure lateral structural beams

the maximum height, including all applicable

and other cast-in-place building members should

bonuses, allowed by the transect at fourteen

be created with an understanding of the potential

(14) feet per floor...”

future building adaptations. [B.3; B.6; B.7; B.12]

Quantum on the Bay Garage

NE 18th Street

Supporting Resources :

- Study: 40 percent of businesses fail to reopen after a disaster - Florida Coastal Management Program, FDEP, NOAA - Florida Adaptation Planning Guidebook Miami21 to 2100: Zoning Recommendations for a More Affordable, Resilient, and Sustainable Adaptation of Miami

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Water Resource Management Introduction: Increasing severity and frequency of microbursts of rain, rising water tables, and sea levels require proactive adaptations. Our recommendations encourage new development to incorporate on-site retention to reduce both runoff and demand for new consumption. In 2021, the City of Miami completed an update to the Stormwater Master Plan (SWMP) and the below suggestions serve to more closely link Miami 21 to the initiatives rooted within the SWMP and the DERM ordinances that currently serve to govern these agendas. We acknowledge that important Stormwater Retention and Erosion Control measures are also codified outside of Miami 21. See City of Miami Code of Ordinances Sec. 22.5-Article 6. Miami21 Task Force Recommendations Report References: [A.3; A.4; A.5; A.6; A.12; A.23; A.35]

November 5th, 2021, View East NE 23rd Street 22

Urban Land Institute Southeast Florida / Carribean


Substantive Changes: Current Regulatory Framework

Proposed Revisions

Article 9; Sec. 9.9 (governing

Add “e. Any new project over 50,000 SF is required to provide 100% retention of a 10 year 1 hour storm.” [B.18, B.25]

Stormwater) •

For each 2,000 gallons of on-site water retention tanks for irrigation, or greywater reuse, receive either: (a) one (1) additional unit of density, increasing the maximum up to 72 D/U in T4 and 100 D/U in T5, or (b) 1 less required parking space. [B.18, B.25]

For T6, for each 3,000 gallons of on-site water retention tanks for irrigation, or greywater reuse, receive one (1) additional unit of density, up to a 10% bonus above the by-right density amount. [B.18, B.25] The Pinecrest School - Rainwater Cisterns

Analysis:

Additional on-site water retention may reduce flooding during storm events and reduce loads and sediment run-off from stormwater systems and infrastructure. The proposed revisions incentivize the inclusion of these resilient and sustainable building features.

Supporting Resources :

- Erosion and sedimentation control | US Green Building Council - The City of Miami’s Comprehensive Stormwater Master Plan (B-30632A) Miami21 to 2100: Zoning Recommendations for a More Affordable, Resilient, and Sustainable Adaptation of Miami

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Miami 21 Task Force Recommendations Report Reviewed Above All Task Force recommendations referenced within this paper are listed below:

Affordability

A.3 Decrease parking requirements overall to support the general provision of affordable housing. A.4 Provide parking reductions for small affordable housing projects, as the smaller the project the more burdensome the parking requirements. A.5 Allow parking reductions as of right for Affordable Housing projects. A.6 Reduce 23’ drive aisle standard to 20’ ft minimum for 90 degrees angle; 17’ ft minimum for 60 degrees angle and 11’-12’ ft minimum for 45 degrees angle, for all types of projects. A.12 Increase square footage threshold for small building parking exemption, e.g. from 10,000 to 20,000 sf habitable space. A.22 Encourage and create flexibility in small scale development (consider a definition for small scale development). A.23 Create different standards for adjoining and abutting conditions (i.e. across a shared property line, across a right-of-way or across a significant geographic boundary such as a water body, utility easement, or interstate highway) for Affordable Housing, TODs, setbacks, and public benefits. Clarify if distance should be measured as the actual walking distance in feet, rather than a radius i.e. this is important for calculating distance from a TOD. A.25 Establish reasonable, enforceable permit review timelines in Article 7. e.g. Miami-Dade County has a 21-day review timeline. City regulations, deliverables and processes should be streamlined to allow for reasonable timelines. A.27 Improve and formalize the preapplication process to provide a weekly deadline, written comments by all reviewing departments, and a 30-minute conference with all reviewing departments, like Miami Dade County A.30 Increase ADU maximum size. A.32 Remove ADU parking requirement if transit is nearby, or street parking is available. A.35 Encourage T3 street parking by resident only permit at no cost, to empower parking reductions for other transect zones with no concern for spillover parking. A.37 Increase Density in T4 and T5 without increasing building volume, especially within TODs. A.54 Discourage demolition of existing housing product; for instance, require development plans to permit demolition, require sod / landscaping for empty lots, and require maintenance bond. A.58 Create Density bonuses citywide for proximity to Transit Corridors and TODs regardless

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Urban Land Institute Southeast Florida / Carribean


of proximity to T3. A.60 Encourage Density along Transit Corridors. A.61 Create specialized T3 zoning that allows triplexes and quadplexes. Allow T4 affordable housing abutting T3 to be approved by Exception. A.62 Encourage a wider range of housing types, e.g.T3-R allow ancillary unit, T3-L allow duplexes, T3-O allow triplexes and quadplexes. A.65 Allow ADUs in all Transect Zones.

Climate Change and Resiliency

B.1 Define Green Roofs and Water Conservation Systems. B.3 Provide Height flexibilities when resilience issues cause finished first floor elevations to rise. Allow 25’ height for all ground floor uses. See Section 3.5.2. B.6 Incentivize a maximum first floor height that will allow habitability with a future, higher slab. All ground floor uses allowed 25’ height - Section 3.5.2. If the sidewalk Elevation points vary by more than 5 ft, the building height shall be measured from the highest point. B.7 Apply freeboard regulations citywide to anticipate longer-term sea-level rise. B.9 Provide additional incentives for Adaptive Use Buildings: 5% increase or up to 500 sq ft in additional Lot Coverage with Waiver; up to 50% increase in Floor Area with the same Building footprint with no additional requirements. B.10 Enhance tree planting requirements with a higher number of required trees and a higher DBH requirement. Applying a tree protection fund proceeds to all resiliency measures. B.12 Allow for a “sacrificial” first story of development, e.g., exclude first floor from height regulations to allow flexible freeboard, or allow 25 feet ground floor height with height measured from highest point of adjoining sidewalk. B.15 Allow green roofs to substitute part of the Green Space requirement. B.17 Incentivize development pursuant to LEED or green building certification process and leave that in 3.14 of Miami 21 but remove overall policy into the City Code. B.18 Require additional on-site stormwater management for development B.25 Improve upstream water retention

Service

E.5 Specify a time frame (30 calendar days) for the City to provide responses and comments from the meeting between the Applicant and City that follows the 2nd round of comments.

Miami21 to 2100: Zoning Recommendations for a More Affordable, Resilient, and Sustainable Adaptation of Miami

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Urban Land Institute Southeast Florida / Carribean


About the Urban Land Institute The Mission of the Urban Land Institute: Shape the future of the built enviornment for transformative impact in communities worldwide. More information is available at www.uli.org. Follow ULI on Twitter, Facebook, LinkedIn, and Instagram.

Miami21 to 2100: Zoning Recommendations for a More Affordable, Resilient, and Sustainable Adaptation of Miami

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Miami 21 to 2100 Zoning Recommendations for a more Affordable, Resilient, and Sustainable Adaptation of Miami A ULI Southeast Florida/Carribean Young Leader’s Group White Paper April 2022

Photo by Antony Keane


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