4385 SW 70th Ct, Miami, FL 33155

Redevelopment Opportunity In Miami's Prime Location under Live Local Act. Total +/- 558 Units combined (Parcel A Lot 44,884 SF) & (Parcel B 52,593 SF) total 2.23 Acres

The statute preempts certain County zoning and land use regulations and requires the County to administratively approve qualifying multifamily rental residential developments on property zoned commercial, industrial, or mixed-use, without a rezoning, comprehensive plan amendment, variance, special exception, or public hearing. To qualify, a development must (i) consist of multifamily rental units, (ii) restrict at least 40 percent of the residential units as affordable to households earning up to 120% of area median income, as defined in Section 420.0004, Florida Statutes, for a minimum of 30 years, and (iii) if developed as a mixed-use project, dedicate at least 65 percent of the total square footage of the development to residential use. The County may not require that more than 10% of the total square footage of such mixed-use residential projects be used for nonresidential purposes.  County policies discouraging residential development in industrial areas or seeking to preserve industrial land supply may not be used to deny a qualifying project.

Density

With respect to density, the Live Local Act provides that a county may not restrict the density of a qualifying development below the highest allowed density on any unincorporated land in the County where residential development is permitted. Miami-Dade County has interpreted this statutory requirement to establish 250 dwelling units per acre—the maximum density permitted in a Metropolitan Urban Center under the CDMP—as the applicable countywide benchmark for Live Local projects. This figure represents a legal entitlement ceiling and does not reflect achievable build-out, which will continue to be constrained by height, floor-area ratio, parking, setbacks, aviation surfaces, and site geometry.

Building Height

The statute similarly limits the County’s ability to restrict building height. For qualifying developments, height may not be restricted below the highest currently allowed height for a commercial or residential development located within one mile of the subject property, or three stories, whichever is greater, exclusive of height bonuses obtained through other incentive programs. The latest 2026 updates to the Live Local Act now includes safeguards that restrict local governments from restricting height of a Live Local Act project through other dimensional means, such as establishing setbacks or stepbacks by height, or require setbacks or stepbacks that are more restrictive than the minimum permitted in the proposed development. The Property is located within 0.16 of a mile from a BU-2 zoning district, which would permit unlimited height. Attached please find a Zoning Verification Letter (J2025000054) that was previously requested asking for confirmation of the unlimited height interpretation for Live Local Act Projects within a mile of a BU-2 Zoning District (see point no. 3).

Qualifying Live Local projects are subject to Administrative Site Plan Review (ASPR) and must comply with all other applicable state and local laws and regulations, including environmental regulations, concurrency requirements, traffic engineering standards, and zoning regulations unrelated to land use, density, or height. Affordable units are monitored through an annually renewable Certificate of Use, with recorded covenants or agreements required to ensure continued compliance for the 30-year affordability term.

Airports

Properties developed under the Live Local Act remain subject to airport protection zoning regulations adopted pursuant to Chapter 333, Florida Statutes, and Article XXXVII of Chapter 33 of the Miami-Dade County Code. Based on the available airport mapping, both parcels appear to be sufficiently distant from Miami International Airport and Miami Executive Airport and located outside adopted airport zoning map boundaries.