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Home My WebLink AboutO-13937City of Miami l i , J'f Legislation Ordinance: 13937 File Number: 6798 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 10/22/2020 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"); MORE SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.2, TITLED "DEFINITIONS OF TERMS"; ARTICLE 3, SECTION 3.14, TITLED "PUBLIC BENEFITS PROGRAM` AND ARTICLE 3, SECTION 3.14, TITLED "WORKFORCE HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS," TO MODIFY THE AREA MEDIAN INCOME FOR WORKFORCE HOUSING IN THE MIAMI 21 CODE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Manolo Reyes WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114 as the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code"); and WHEREAS, the definition of Workforce Housing in the Miami 21 Code includes those individuals whose income is between sixty percent (60%) to one hundred forty percent (140%) of Area Median Income ("AMI") as published by the United States Department of Housing and Urban Development ("HUD") and certified by the City of Miami's ("City") Department of Housing and Community Development ("HCD"); and WHEREAS, the Miami 21 Code defines Affordable/Workforce Housing as housing priced up to one hundred twenty percent (120%) of the AMI as certified by HCD; and WHEREAS, HUD utilizes Miami -Dade County ("County") incomes to calculate the AMI; and WHEREAS, City residents have substantially lower incomes than the residents of the County as a whole; and WHEREAS, the City desires to lower the Workforce Housing AMI for the public benefits programs in Article 3 of the Miami 21 Code in order to address the affordable housing crisis; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on February 5, 2020, following an advertised public hearing, adopted Resolution No. PZAB-R-20- 008 by a vote of seven to three (7-3), Item No. PZAB.1, recommending approval; and WHEREAS, the City Commission has conducted a public hearing on the modifications as proposed herein and has considered the relationship of the modifications to the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"), the Miami 21 Code, and other City regulations; and City of Miami Page 1 of 5 File ID: 6798 (Revision: A) Printed On: 111612020 File ID: 6798 Enactment Number: 13937 WHEREAS, consideration has been given to the need and justification for the proposed modifications, including changed or changing conditions that make the passage of the proposed ordinance necessary; and WHEREAS, City Commission finds it advisable and in the best interest of the City and its residents to approve the modifications to the Miami 21 Code as described herein; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. The Miami 21 Code is further amended by amending Article 1, Section 1.1 in the following particulars:' "ARTICLE 1. DEFINITIONS 1.2 DEFINITIONS OF TERMS Affordable/Workforce Housing: Housing priced up to 42004 100% of the area median income as certified by the City's Housing and Community Development Department. Attainable Workforce Housing: Attainable Workforce Housing shall mean a Development completely comprised of Workforce Housing, servicing multiple income ranges between 60% of the Area Median Income and 44004 100% of the Area Median Income, as described in Section 3.16 of this Code. Workforce Housing: See Article 3, Section 3.14. Workforce Housing: Workforce housing shall mean a Dwelling Unit, owner -occupied and/or rental housing with a purchase cost, value, or monthly rental, as applicable, equal to or less than the amounts established by the applicable standards for those individuals whose income is between 60% peFGeRt to 1 ^^,- peFGe;t 100% of Area Median Income as published by the United States Department of Housing and Urban Development and certified by the Department of Community and Economic Development. *„ Section 3. The Miami 21 Code is further amended by amending Article 3 in the following particulars: ' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami Page 2 of 5 File ID: 6798 (Revision: A) Printed on: 111612020 File ID: 6798 Enactment Number: 13937 "ARTICLE 3. GENERAL TO ZONES 3.14 PUBLIC BENEFITS PROGRAM 3.14.3 The proposed bonus Height and FLR shall be permitted in exchange for contribution to the City for the following public benefits: aAffordable/wWorkforce #Housing, Public Parks and Open Space, Green Buildings, Brownfields, and Civic Space or Civil Support space. The City shall establish a Miami 21 Public Benefits Trust Fund for the cash contributions for Affordable/ Workforce Housing, Public Parks and Open Space, and Green Building certification shortfall penalty made under this section. The City Commission, upon the manager's recommendation, shall annually decide the allocation of funds from the Trust Fund collected under this section. All cash contributions thus allocated by the Commission to support aAffordable/wWorkforce #Housing shall be deposited in the Affordable Housing Trust Fund for expenditures pursuant to the guidelines adopted by the City Commission. All cash contributions thus allocated by the Commission to support Parks and Open Space shall be deposited in the Parks and Open Space Trust Fund, set forth in Chapter 62 of the City Code, to be expended in accordance with the guidelines outlined therein. a. Definitions 1. Affordable/Workforce Housing shall mean: housing available to families which meet the qualifications as established by the City Housing and Community Development Department and as specifically defined in Article 1 and shall not exceed 100% AM 1. 3.14.4 For the purposes of the public benefits program, the following criteria shall apply: a. Affordable/Workforce Housing. The development project in a T6 zone may provide any of the following or combination thereof: Affordable/Workforce #Housing on site of the development. For each square foot of Affordable/Workforce #Housing priced at or below eighty percent (80%) area median income (including pertaining shared space such as parking and circulation) provided on site, the development shall be allowed three (3) square feet of additional area up to the bonus Height and FLR as described in Section 3.14.1. For each square foot of Affordable/Workforce #Housing priced above eighty percent (80%) area median income (including pertaining shared space such as parking and circulation) provided on -site, the development shall be allowed an equivalent amount of development Floor Area up to the bonus Height and FLR as described in Section 3.14.1. 2. Affordable/Workforce #Housing off -site. For each square foot of Affordable/wWorkforce #Housing (including pertaining shared space such as parking and circulation) provided off site, in a location within the City approved by the City Manager, the development shall be allowed an equivalent square footage of additional area up to the bonus Height and FLR City of Miami Page 3 of 5 File ID: 6798 (Revision: A) Printed on: 111612020 File ID: 6798 Enactment Number: 13937 as described in Section 3.14.1. No additional allowance is given for the purchase of the site. *„ Section 4. The Miami 21 Code is further amended by amending Article 3 in the following particulars:' "ARTICLE 3. GENERAL TO ZONES 3.16 WORKFORCE HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS 3.16.1 As a pre -requisite to qualify as an Attainable Workforce Housing Development eligible for any of the special benefits described in Section 3.16, an applicant shall submit to the Office of Zoning: a. Certification by the City's Housing and Community apd_ C`+nnnmi`+ Development Department that the proposed Development will provide a minimum of twenty-five percent (25%) of the Dwelling Units as Workforce Housing serving residents above sixty percent (60%) of the area median income ("AMI") and at or below eighty percent (80%) of the AMI as published by the United States Department of Housing and Urban Development ("HUD") annually; that the nrepese ! DeVelnnmont Will pFeyide a minima 1m of fifb nornont (500,4) of the 0 0 ) ef the AM! as published by HUD aRR641yj and the proposed Development will provide the remaining Dwelling Units as Workforce Housing serving residents above sixty percent (60%) of the AMI and at or below nno_hi,nrlread fbFty one hundred percent (4490/a 00%) of the AMI as published by HUD annually; *„ Section 5. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance should not be affected. Section 6. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 7. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.2 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 4 of 5 File ID: 6798 (Revision: A) Printed on: 111612020 File ID: 6798 Enactment Number: 13937 APPROVED AS TO FORM AND CORRECTNESS: 1 ria i dez, C oty Attor iey 10/13/2020 City of Miami Page 5 of 5 File ID: 6798 (Revision: A) Printed on: 111612020