HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 13937
Title: 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.
APPLICANT(S): Commissioner Manolo Reyes
PURPOSE: This item will amend 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 ("Ami") for workforce housing in the Miami 21 Code.
FINDING(S):
PLANNING DEPARTMENT: To be discussed
PLANNING, ZONING AND APPEALS BOARD: Recommended approval, on February 5, 2020,
by a vote of 7-3.
City of Miami File ID: 6798 (Revision: A) Printed On: 111612020
G1�Y Op
City of Miami City Hall
Legislation 3500 Pan Ameican Drive
Miami, FL 33133
o, a V10 Ordinance www.miamigov.com
Enactment Number:13937
File Number: 6798 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.
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 File ID: 6798 (Revision: A) Printed On: 111612020
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 12-00,4 100% 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 14004 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% fit to 140 peFGeRt 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:
"ARTICLE 3. GENERAL TO ZONES
' 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
unchanaed material.
City of Miami File ID: 6798 (Revision: A) Printed On: 111612020
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
as described in Section 3.14.1. No additional allowance is given for the
purchase of the site.
*„
City of Miami File ID: 6798 (Revision: A) Printed On: 111612020
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 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 prepesed DeVeIGPMeRt Will PFE)Vide a minima im of fifb PerGeRt (500/) of the
0
0
) ef the AM! as published by HUD aRRually;
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 ^no_hur,dlread forty one
hundred percent (4490/& 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
APPROVED AS TO FORM AND CORRECTNESS:
1
&�na City Httor ey 10/1312020
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 File ID: 6798 (Revision: A) Printed On: 111612020