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ORDINANCE RELATING TO ZONING; CREATING SECTION 33-39.5 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR ADMINISTRATIVE ACCEPTANCE AND APPROVAL OF COVENANTS RELATING TO THE LIVE LOCAL ACT IN CONNECTION WITH PROPOSED DEVELOPMENTS LOCATED WITHIN TRANSIT-ORIENTED DEVELOPMENTS OR AREAS IN THE COUNTY, UNDER CERTAIN CIRCUMSTANCES; PROVIDING CRITERIA, REQUIREMENTS, AND PROCEDURES APPLICABLE TO SUCH COVENANTS AND MODIFICATION OF SUCH COVENANTS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

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WHEREAS, the Live Local Act is codified in section 125.01055(7) of the Florida Statutes; and
WHEREAS, the Live Local Act was enacted by the Florida Legislature in 2023 with the goal of increasing the supply of affordable and workforce rental housing across the state by streamlining local land development processes and providing financial incentives; and
WHEREAS, from a land use perspective, the Live Local Act provides that, with certain exceptions, local governments must administratively approve multifamily and mixed-use residential developments in an area zoned for commercial, industrial, or mixed use, if at least 40 percent of the residential units in a proposed multifamily development are rental units that are made affordable, within the meaning of state law, for a period of at least 30 years; and
WHEREAS, the statute provides that a county may not restrict the density, floor area ratio, and height of a proposed Live Local development below certain thresholds under certain circumstances and subject to certain exceptions; and
WHEREAS, regarding parking, the statute requires a county to reduce or eliminate the parking requirements for proposed Live Local developments under certain circumstances in areas that are, for example, located near transit stops or major transportation hubs or within a transit-oriented development or area; and
WHEREAS, however, the statute also provides that for proposed Live Local developments located within a transit-oriented development or area, the applicant and the county may agree to development parameters for the project that differ from what is specified in the statute regarding height, density, floor area ratio, and parking; and
WHEREAS, among other areas, the Rapid Transit Zone (RTZ) within the County constitutes a transit-oriented development or area; and
WHEREAS, other areas of the County that, consistent with the Comprehensive Development Master Plan and relevant provisions of the County Code, emphasize a mix of land uses to promote transit use and decrease the dependence on automobiles may also be deemed transit-oriented developments or areas; and
WHEREAS, to facilitate the type of agreements permitted under the Live Local statute, this Board wishes to provide for the administrative acceptance of covenants relating to Live Local projects within transit-oriented developments or areas of the County, together with applicable requirements, criteria, and procedures related to such covenants,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 33-39.5 of the Code of Miami-Dade County, Florida, is hereby created to read as follows:

Sec. 33-39.5 � Administrative Acceptance of Covenants for Live Local Act Projects in Transit-Oriented Developments or Areas

(A) Pursuant to section 125.01055(7)(h) of the Florida Statutes, a�proposed Live Local development located within a transit-oriented development or area, as recognized by the County, must be mixed-use residential and otherwise comply with the County�s regulations applicable to the transit-oriented development or area except for use, height, density, floor area ratio, and parking as provided in the statute or as otherwise agreed to by the County and the applicant for the development.

(B) To facilitate the agreements referenced in section 125.01055(7)(h), the Director is authorized to administratively accept and approve, on behalf of the County, a covenant running with the land proffered by a property owner that specifies, for example, the maximum height, density, and floor area ratio and parking requirements applicable to any development on the property that may be undertaken pursuant to the Live Local Act, section 125.01055(7) of the Florida Statutes. Such a covenant may be accepted and approved regardless of whether the respective property is at the time eligible to develop pursuant to the Live Local Act and regardless of the zoning designation or jurisdiction of the property.

(C) The covenant shall be in a legally sufficient form acceptable to the Director. Upon acceptance and approval, the covenant shall be recorded in the official public records of the County.

(D) The covenant may thereafter be modified administratively in accordance with the standards and procedures otherwise applicable for administrative modifications of covenants in section 33-310.1, regardless of whether such covenant was accepted at a public hearing or in connection with a prior zoning action. It is provided, however, that if the requested modification does not qualify for said administrative modification pursuant to section 33-310.1, as determined by the Director, such covenant modification may be approved only by the Board of County Commissioners after public hearing through a zoning application.


Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.

Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may
be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the County Mayor, and if vetoed, shall become effective only upon an override by this Board.