Today’s zoning requirements specify that “green space” requirements need to be met at the ground floor and open space requirements may be located elsewhere. Many developments have opted to put their open space on top of their parking podiums as amenity levels already.

The new ordinance will keep the “green space” requirements for the R-1 and R-2 districts – with no option to waive – at the ground floor.  In addition, it will amend the definition of open space to require that it also be located at the ground floor.  It will also include a new section to create a trust fund contribution.  The ordinance will allow developers to opt out of their open space (not green space) requirements on the ground floor by paying $50.00 per square foot, payable to the Parks and Open Space Trust Fund.

The Planning Department understands that the intent of this ordinance is to find a way to get contributions into the trust fund from developers who are already putting their open space on roof decks since currently there is nothing in the code that requires open space to be placed on the ground floor.  By mandating it onto the ground floor and then giving them the option to move it to the roof deck by paying into the trust fund, the development will not be any different than it is today, however, it will allow the City of Miami to collect money towards new parks and open space from the developers for the exact same product.

This ordinance is scheduled to go before the City Commission on October 27, 2005.