Act or Live Local Act means the Live Local Act as set forth in Chapter No. 2023-17, Laws of Florida, as may be amended.

Affordable Housing means residential housing that is affordable as defined in Sec. 420.0004, Florida Statutes.

City means the City of Doral, Florida.

Development order means the same as defined by Section 163.3164, Florida Statutes.

Development permit means the same as defined by Section 163.3164, Florida Statutes.

Director shall mean the Director of the Planning and Zoning Department.

Downtown-Mixed Use (DMU) is a land use category as defined and set forth in the City of Doral Comprehensive Plan.

Major Transit Stop means a site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a service interval frequency of 15 minutes or less during the morning and afternoon peak weekday commute periods, and offering weekend service.

Mixed-Use Development means a proposed development that integrates a variety of uses including residential, office, commercial, and services on the same development site.

Multi-Family Development means three or more single-family buildings, or more than one two-family building or more than one multiple-family building on a building site, or any combination thereof.

Qualifying Development(s) means a proposed development meeting the criteria of, and authorized under, subsection (7), of Section 166.04151, Florida Statutes, as may be amended.

(Ord. No. 2024-09, § 2, 3-13-2024)

The purpose and intent of this article is to supplement the existing development criteria in the City's Land Development Code with specific criteria that apply to the development of multi-family and mixed-use qualifying developments under the Live Local Act. These standards and guidelines are adopted to ensure the orderly implementation of the Live Local Act consistent with the goals, objectives and policies of the City of Doral Comprehensive Plan and Land Development Regulations.

Multi-family and mixed-use affordable housing qualifying developments shall be permitted in any zoning district required by the Live Local Act, if at least 40 percent of the residential units in a proposed multi-family rental development are, for a period of at least 30 years, affordable as defined in Florida Statutes, Section 420.0004, as amended. Additionally, for mixed-use residential projects, at least 65 percent of the total square footage shall be for residential purposes.

Notwithstanding the foregoing, qualifying developments in any mixed-use zoning districts shall be exempt from this Article VIII and governed by the applicable mixed-used district regulations, as said zoning districts already provide for residential development with corresponding development standards.

The regulations and standards set forth in this Division are intended to be supplemental to the City's existing regulations.

(Ord. No. 2024-09, § 2, 3-13-2024)

1.

Permitted. For qualifying developments that are mixed-use developments, only a combination of residential, business/retail, hotel, entertainment and office uses will be permitted. For qualifying developments that are mixed-use developments, retail/service businesses are encouraged to be located on the ground floor with office/residential uses above.

2.

Prohibited. The following uses are not permitted in a qualifying development:

(a)

Big box retail stores.

(b)

Adult entertainment uses.

(c)

Boat sales.

(d)

Fortunetellers, astrologers, and palm readers.

(e)

Funeral homes.

(f)

Greenhouses and nurseries (wholesale).

(g)

Laundry and dry cleaning plants.

(h)

Motor vehicle repair facilities.

(i)

Motor vehicle service centers.

(j)

Pawnshops.

(k)

Tattoo parlors.

(l)

Veterinary clinics.

(m)

Industrial if the qualifying development is in a commercial zoning district.

(Ord. No. 2024-09, § 2, 3-13-2024)

1.

General regulations. Unless otherwise specifically provided for in Division 2, herein, the following land development standards shall apply to qualifying developments:

(a)

Mixed-use qualifying developments in an industrial or commercial zoning district shall be permitted consistent with the established land development standards in the Downtown Mixed Use (DMU) zoning district in Chapter 68, Article V, Division 3 of the City's Land Development Code.

(b)

Multi-Family qualifying developments in an industrial or commercial zoning district shall be permitted consistent with the established land development standards in the Multifamily Residential - 4 zoning district (MF-4) in Chapter 68, Article II, Division 10 of the City's Land Development Code.

2.

Density.

(a)

The maximum density for a qualifying development in an industrial or commercial zoning district shall be based on the density requirements established in the DMU land use category, of no more than 25 dwelling units per gross acre.

(b)

A qualifying development seeking additional density up to 35 dwelling units per gross acre and height greater than eight stories pursuant to the creative excellence bonus provisions of the City's Comprehensive Plan and Section 86-83 of the City's Code shall require City Council approval at a public hearing.

(Ord. No. 2024-09, § 2, 3-13-2024)

All live local act qualify developments shall be developed in conformity with the following standards. The requirements of this section are in addition to the requirements of applicable state law and county ordinances.

(1)

Location. Qualifying developments shall only be permitted in the City's industrial and commercial zoning districts, in accordance with the Live Local Act. In the event the Live Local Act is amended to remove either one or both of the aforementioned districts as areas that local governments are required to allow qualifying developments, said statutory amendment shall automatically apply to this article, such that any existing City regulations prohibiting residential uses in said district shall apply.

(2)

Design requirements. The qualifying development shall comply with the requirements set forth in Chapter 86 of the City Code governing urban design and architectural standards. Decorative pavers shall be required for project entryways and the intersections of internal circulation drives. Building designs that create blank wall conditions shall be prohibited.

(3)

Mechanical equipment. All rooftop mechanical equipment, including but not limited to heating, ventilating, air conditioning machinery, accessory communication equipment, public utility service fixtures, and elevator facilities shall be screened from the public view by a parapet wall or similar solid barrier as approved by the Planning and Zoning Director.

(4)

Minimum setbacks. The setback requirements for a qualify development are as follows:

(a)

The front yard shall be a minimum of 25 feet from the front of the qualifying development building to a local road. When facing a major intersection or along a commercial corridor, the front yard shall be a minimum of 30 feet from the front of the residential building to the edge of the sidewalk or swale.

(b)

The width of the side yard setback shall be a minimum of 20 feet when the side of the building is adjacent to a local road. When the side of the qualifying development building is adjacent to a commercial corridor, county, or state roads the side yard setback shall be a minimum of 25 feet.

(c)

The width of the interior setback shall be 20 feet when the side of the qualifying development buildings are adjacent to commercial or residential uses. When the width of the interior setback of the qualifying development buildings are adjacent to industrial uses, the setback shall be a minimum of 30 feet.

(d)

The rear setback of the qualifying development buildings shall have a depth of 25 feet to the near lot line, when adjacent to commercial and residential uses. When the rear setback of the qualifying development buildings is adjacent to industrial uses, the setback shall be a minimum of 35 feet.

(e)

A mature landscape buffer shall be maintained to contain and dispose of stormwater runoff through natural percolation or evaporation within the perimeter of the property, and to serve as a buffer between the qualifying development buildings and surrounding uses.

(5)

Off-street parking. If the qualifying development is not located within one-half mile of a major transit stop as defined herein, then the qualify development shall adhere to the city's required off-street parking requirements in Chapter 77 of the City Code. Parking shall be internalized. Notwithstanding the foregoing, limited surface parking may be allowed between buildings and private streets to accommodate handicap spaces, emergency response personnel, deliveries, and public safety officers. A limited number of on-street parking may be provided to meet the parking requirements at the sole discretion of the City.

(6)

Transit improvements. The qualifying development must provide a transit shelter with internal lighting, and/or bus pull-out lane on any public streets fronting the qualifying development if the location is recommended by the Miami-Dade County and/or the city public works department. The transit shelter design must be approved by the city. Bus benches and signage must also be provided if recommended by the agencies. The developer is responsible for coordinating with the transit agencies to identify and implement recommended transit improvements.

(7)

Crime Prevention. The qualifying development shall incorporate crime prevention and safety features within the project. The site must demonstrate compliance with the Crime Prevention Through Environmental Design (CPTED) principles of natural surveillance, access control, territorial reinforcement and space management.

(8)

All architectural expression of parking garages that face public open space shall be consistent and harmonious with the proposed development and surrounding area. Ramping shall be internalized, and exposed ramps are prohibited. Parking structures shall be screened from view by the use of liner units or by providing coverage with screens, louvers, wall, overhangs, landscaping, or a combination thereof.

(9)

Landscaping. In addition to the minimum requirements for landscape and buffer required in Chapter 71 of the City code. The buffer yard which is set aside along the perimeter of the property in which landscaping is required to provide an aesthetic transition between different land uses and to eliminate or reduce the adverse environmental impact and incompatible land use impacts shall be landscape with mature native plants. A landscape buffer strip at least ten feet in width is required along the frontage with all public streets. The aforementioned buffer shall only contain landscaping and one directional sign. No artificial turf shall be permitted in front of the residential buildings fronting all public streets.

(10)

Open space requirements. The minimum open space requirement for qualifying developments shall be 25 percent for lots with structures not exceeding four stories, and 35 percent for lots with structures exceeding four stories. The open space areas shall not be enclosed or encroached upon with a fence, patio or a screen structure for the use of the residents.

(11)

Fences. Chain link fences are not permitted, except for temporary construction fences. Walls shall be installed by the developer or landowner prior to the issuance of the first certificate of use. Walls shall be attractively and neatly maintained by the property owner. Additional requirements shall be as provided in Division 1, of Article V of Chapter 74 of the City code.

(12)

Underground utilities. All on-site utilities shall be installed underground. Existing overhead power lines shall be underground. The developer shall provide adequate landscaping to screen all above ground facilities which are not possible to place underground.

(13)

Connectivity and walkability.

(a)

Every qualifying development shall have direct access to a public street via private road, common easement or other area dedicated or reserved for public use.

(b)

To provide for interconnectivity between developments, the qualifying development must provide logical connections to surrounding properties. If the surrounding properties are vacant, then the project shall contain viable road and/or pedestrian stub-outs to neighboring residential and/or commercial properties in anticipation of future development.

(c)

Each qualifying development site plan must incorporate the applicable connectivity and walkability standards contained in the "FDOT Context Classification Guide", dated July 2020, as amended.

(14)

Minimum Dwelling Unit Criteria. On average, the qualifying development affordable housing units must contain the same number of bedrooms and quality of construction as the other market-rate units in the development. The number of efficiency, one-, two- and three or more bedroom affordable housing units shall be proportional to the number of efficiency, one, two and three or more bedroom market-rate units (e.g., if 50 percent of market-rate units have two bedrooms, then approximately 50 percent of the affordable units must be two bedroom units). To ensure compliance with provisions in this section, the site plan application must specifically identify which units are being utilized as affordable housing units.

(a)

The qualifying development affordable housing units shall be reasonably dispersed throughout the project, and not clustered together or segregated in any way, from the market-rate units.

(b)

The exterior appearance of affordable housing units shall be similar to the market-rate units and shall provide exterior building materials and finished of substantially the same type and quality.

(c)

The interior building materials and finishes of the affordable housing units shall be substantially the same type and quality as market-rate.

(15)

Certificate of Concurrency. Concurrency evaluation shall be as required in Chapter 59 of the City code.

(16)

Environmental Regulations. The qualify development developer or landowner(s) must provide the Planning and Zoning Director or his/her designee copies of the environmental studies or permits issued by Miami-Dade County or other regulatory agencies regarding the environmental conditions of the land.

(17)

Floodplain Standards. Floodplain management requirements shall be as provided in Chapter 23 - Floods. Article II, Floodplain Management.

(18)

Public Notices. The Applicant shall send public notice via regular mail to all property owners within 500 feet of the qualifying development. The aforementioned notice shall be sent within ten days after the submittal of the site plan to the City's Planning and Zoning Department. The City shall also post notice of the application for a qualifying development on the City's website.

(Ord. No. 2024-09, § 2, 3-13-2024)

The qualify development applicant shall provide the following information, as applicable:

(1)

Recent aerial photograph with project boundaries clearly marked.

(2)

Recent boundary survey with north arrow and scale.

(3)

Full legal description of the property with attached copies of any instruments referred to such as deeds, plats, covenants or restrictions.

(4)

Names and addresses of all property owners within 500 feet of the proposed project boundaries.

(5)

Map indicating the location and dimensions of the following existing features on the property:

(a)

Vegetation;

(b)

Land uses;

(c)

Buildings;

(d)

Structures;

(e)

Utilities;

(f)

Drainageways;

(g)

Easements;

(h)

Public street rights-of-way;

(i)

Railways;

(j)

Transit facilities;

(k)

Property lines and recorded plats; and

(l)

Docks, bulkheads and other water-related structures.

(6)

Statement as to how the proposed project conforms to the city's adopted comprehensive plan.

(7)

Scaled and fully dimensioned set of plans ("site plan") containing the following sheets and information (as applicable):

(a)

Property boundary, building locations, parking, driveways, internal roads, drive aisles, landscaped open space, utilities, internal lot lines and size of lots, building setbacks, on-site retention areas, pedestrian walkway system, recreational areas, garbage dumpsters, sidewalks, water features, loading areas, public art location(s), community benefit areas and features, perimeter roads with full right-of-way cross-sections, proposed road improvements, right-of-way dedications proposed, typical size of parking spaces, and area map showing project location.

(b)

Zoning legend with proposed zoning district, gross/net site area, number of dwelling units, gross and net density, amount of commercial/industrial square footage, building height in stories and feet, floor area ratio, interior size of dwelling units in square feet, number of bedrooms, lot coverage, setbacks, open space in percent of lot and square feet, and parking calculations. Where applicable, show both the required and provided value for the zoning parameters above.

(c)

Landscape plan showing location, species, size at installation, quantity, landscaped area in green shading, landscape buffer areas, buffer yard calculations, and planting/maintenance instructions for all landscaping. Landscaping shall meet or exceed the standards set forth in chapter 71 of the City's Code.

(d)

Floor plans.

(e)

Exterior photometric plan.

(f)

Color elevations of all buildings visible from public streets.

(g)

Signage plan for all stand-alone and building signs showing location, sign face area, height, width, setback from nearest property line and any proposed lighting. Signs in the DMU project shall be in accordance with chapter 80 of the City's Code.

(h)

Phasing plan with commencement and completion dates for each phase, and final build out date of entire project.

(i)

Plan sheet showing with notes and arrows how the project complies with the city's low impact development requirements.

(j)

Plan sheet(s) showing with notes and arrows how the project complies with chapter 86, Urban design and architectural standards. This sheet(s) must be specifically approved by the city's planning and zoning department.

(k)

Plan sheet(s) showing with box notes and arrows how the project complies with the CPTED principles of natural surveillance, access control, territorial reinforcement and space management.

(l)

Plan sheet(s) showing with box notes and arrows how the project complies with the applicable connectivity and walkability standards contained in the "FDOT Context Classification Guide", dated July 2020, as amended.

(m)

Plan sheet showing the traffic circulation system, including arterial, collector, and local streets; off-street parking areas and facilities; loading areas; and points of access to adjacent public rights-of-way.

(n)

Plan sheet showing the pedestrian and bike path circulation system, including trails, and its interrelationship and proposed treatment of points of conflict with the traffic circulation system.

(8)

Letter of landscape compliance sealed by a Florida-registered landscape architect certifying that the landscape plan is in compliance with chapter 71 of the City Code.

(9)

Statement describing how the project will comply with the city's public arts program (Chapter 75).

(10)

Traffic impact analysis.

(11)

Any other information deemed pertinent by the planning and zoning director. The planning and zoning director may waive any of the site plan submittal items or portions of items upon a showing of good cause.

(Ord. No. 2024-09, § 2, 3-13-2024)

The qualifying development application must be reviewed by the Planning and Zoning Department for consistency with the submittal requirements within two working days of receiving the application consistent with Section 53-184(c), Land Development Code. If the Application is incomplete, the Department must return the incomplete application to the Applicant with the deficiencies noted in writing consistent with Section 53-184(c)(1), Land Development Code.

(Ord. No. 2024-09, § 2, 3-13-2024)

Prior to submitting the qualify development site plan application, the Applicant shall meet with the planning and zoning department and other reviewing departments and agencies to determine the proposed plan relationship to the City's adopted comprehensive plan.

(Ord. No. 2024-09, § 2, 3-13-2024)

Any plan or exhibit as part of a qualify development application shall certify that the services of two or more of the following professionals were utilized in the design or planning process:

(1)

An urban planner who is a member of the American Institute of Certified Planners (AICP);

(2)

A landscape architect registered by the state;

(3)

An architect licensed by the state; and

(4)

A professional civil engineer registered by the state.

(Ord. No. 2024-09, § 2, 3-13-2024)

Once the Department's Director or his/her designee determines that the application is consistent with the submittal requirements, the Department shall complete the review of the application in 90 days, if the Applicant had successfully responded to all of the reviewing comments submitted by the site plan reviewers. The Applicant may request an additional 30-day extension, if additional time is necessary to complete the site plan review process.

(Ord. No. 2024-09, § 2, 3-13-2024)

Resubmittal of the qualifying development site plan reflecting revisions from the site plan reviewers shall be made within two weeks from the date the revisions were transmitted to the Applicant.

(Ord. No. 2024-09, § 2, 3-13-2024)

The Planning and Zoning Department must submit the site plan for review and obtain approval from Miami-Dade County Department of Environmental Management (DERM), Fire Rescue Department, Miami-Dade County Public Works Department, and any other relevant agency as determined by the Planning and Zoning Department Director.

(Ord. No. 2024-09, § 2, 3-13-2024)

(a)

In order to be eligible as a qualifying development, prior to the issuance of the final building permit, the developer or owner of a qualifying development shall guarantee the availability of the minimum affordable housing units for a period of at least 30 years via a restrictive covenant in a form acceptable to the City Attorney, which shall be recorded in the public records of Miami-Dade County and contain such language as is necessary to carry out the purposes of this Division.

(b)

The developer or owner of the qualifying development shall provide an annual compliance report to the City Manager or designee to demonstrate compliance with the rent and income restrictions of the Live Local Act, and the other minimum requirements set forth in the City Code applicable to qualifying developments. The aforementioned annual compliance report shall include such information and documentation as determined by the City is necessary to verify the qualifying development's ongoing compliance with respect to rent and income restrictions, and other requirements set forth in the City Code. The review and management of the annual compliance report described herein may be by a third-party administering agent selected by the City, and the cost of said administrative review shall be at the developer or owners sole cost and expense. The annual report is due on October 1 of each year.

(c)

Violations of this section shall be enforceable in accordance with Chapter 11 of the City Code, and shall be punishable by a fine not to exceed $500.00 per day. Any continuing violations of the provisions of this section may be enjoined and restrained by injunctive order of the circuit court in appropriate proceedings instituted for such purpose. Notwithstanding the foregoing, the City reserves the right avail itself of any remedies that may be available to the city in law or in equity to ensure compliance with this Division.

(Ord. No. 2024-09, § 2, 3-13-2024)

The City's approval of a qualifying development application shall be in effect for a period of 12 months from the date of site plan approval. If the Applicant has not applied for a building permit within the 12-month period, said development approval shall expire and be considered void.

(Ord. No. 2024-09, § 2, 3-13-2024)

An Applicant of a qualifying development may appeal the director of the Planning and Zoning Department's decision to the City Council within 30 days of the director's decision.

(Ord. No. 2024-09, § 2, 3-13-2024)