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HomeMy WebLinkAboutR-96-0418RESOLUTION NO. 9 418 A RESOLUTION, WITH ATTACHMENTS, APPROVING THE CITY OF MIAMI AFFORDABLE HOUSING INCENTIVE PLAN, PURSUANT TO THE IMPLEMENTATION OF THE STATE OF FLORIDA HOUSING INITIATIVES PARTNERSHIP ("SHIP") PROGRAM TO THE CITY OF MIAMI FOR THE PERIOD COVERING FISCAL YEARS 1995 THROUGH 1998; AUTHORIZING THE CITY MANAGER TO SUBMIT SAID AFFORDABLE HOUSING INCENTIVE PLAN, ATTACHED HERETO AND MADE A PART HEREOF, FOR REVIEW AND APPROVAL BY THE STATE OF FLORIDA HOUSING FINANCE AGENCY; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS AND AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO CARRY OUT THE TERMS AND CONDITIONS OF SAID PROGRAM. IWHEREAS, on July 7, 1992, the State of Florida enacted the William E. Sadowski Affordable Housing Act ("Sadowski Act'l), which allocates a portion of new and existing documentary stamp taxes on deeds on real estate transactions to local governments for the development and maintenance of affordable housing; and WHEREAS, the Sadowski Act provides a source for affordable housing and created Initiatives Partnership Program ("SHIP"); and dedicated revenue the State Housing WHEREAS, in August, 1994, the City of Miami was notified by the State of Florida that the City would be eligible to receive $1,353,387.00 in SHIP Program funds beginning with Florida State Fiscal Year 1995-96; and CITY CONM 4SION MEETING OF J U N 1 3 1996 Resolution No. 96- 418 WHEREAS, in order for the City of Miami to receive the aforementioned funds, it was necessary for the City to create a nine (9) member Affordable Housing Advisory Committee; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City of Miami Affordable Housing Incentive Plan, pursuant to the implementation of the State of Florida Housing InitiativEs Partnership ("SHIP") Program to the City of Miami for the period covering Fiscal Years 1995 through 1998, is hereby approved. Section 3. The City Manager is further authorized to ' submit said Affordable Housing Incentive Plan, attached hereto and made a part hereof, for review and approval by the State of Florida Housing Finance Agency. Section 4. The City Manager is hereby further authorizedi� to execute any and all documents and agreements, in a form acceptable to the City Attorney, to carry out the terms and conditions of said Program. Section 5. This Resolution shall become effective immediately upon its adoption. l� The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by " applicable City Charter and Code provisions. - 2 - 96- 418 PREPARED AND APPROVED BY: 00, 00 A� io, , P. I LINDA KELLY ARSO ASSISTANT CITY ATTARNEY APPROVED AS TO CITY A'TTORIWEI AND CORRECTNESS: - 3 - June , 1996. GORT, VICE -MAYOR 96- 418 City of Miami Op -p I N C 0 R p is 9OR6ATEO lilt Affor"dable Housing Incentive Plan • City of Miami IMCDRP 0 AYED Mayor and Members Of the City Commission i Stephen P. Clark, Mayor Wifredo (Willy) Gort, Vice Mayor Joe Carollo, Commissioner 1 Miller J. Dawkins, Commissioner J. L. Plummer Jr., Commissioner Cesar H. Odio, City Manager j Affordable Housing Advisory Committee 96- 418 1 rrrr�rr Affordable Housing Incentive Plan Table of Contents Page Introduction----------- ------------ ---------------------------------------------------------- ---------1 Definition of Affordable Housing ----------- ---------- —----- —---------------------- _—__----- 2 Expedited Permitting Process------------------------------------------------------------------ -3-4 Modification of Impact Fee Requirements ------------------------------------------- ---------- 5-7 Allowance of Increase Density Levels------------------------------------------------------=---8-9 I Allowance of Zero -Lot Line Configurations ---- ----- ------------ ------------------ ------------ 10 Modification Of Street And Sidewalk Requirements ___---------- _..--_--_r__-__— ---- __-11 Transfer of Developer Rights --- --------- —------- —r_-_—,_------------ —_-_----- _-_r_-_-_—--- 12-13 Review Procedure For Plan Provision That Impacts Affordable Housing -------- —--- 14-15 Inventory of Publicly Owned Land Suitable For Affordable Housing -----___-r_____--16 l Reduction of Parking and Setback Requirements ----------- ------------�__-____�____��,_17_lg ,i Reservation of Infrastructure Capacity for Housing--------------19 Chairperson approval of recommendations —------- -__-r ---____-__r___-____20 APPENDIX Exhibit I City of Miami Resolution NO.95-305 (affordable housing definition) Exhibit 2 Resolution Adopting Affordable Housing Incentive Plan Exhibit 3 Certification to Florida Housing ]Finance Agency Exhibit 4 Advertisement for Adoption of Affordable -Housing Incentive Plan r City of Miami Affordable Housing Incentive Plan 96- 418 r� soar INTRODUCTION The Mayor and City Commission of the City of Miami, Florida, adopted this Affordable Housing Incentives Plan on , in compliance with City of Miami Ordinance No. 11253, City of Miami Resolution No. 95-188, City of Miami Resolution No. 95-305, Florida Administrative Code, and Section 420.9076, Florida Statutes, based on recommendations made by the Affordable Housing Advisory Committee. The Affordable Housing Advisory Committee held public meetings to review the established policies and procedures, ordinances, regulations and the City's Consolidated Plan and made recommendations on specific initiatives to encourage or facilitate affordable housing in the City of Miami, while protecting the ability of the property to appreciate in value. The Committee reviewed and made recommendations in the following areas: 1. The affordable housing definition in the appointing resolution; 2. The expedited processing of permits for affordable housing projects; 3. 4. 5. 6. 7. 8. 9. 10. 11. The modification of impact fee requirements, including reduction or waiver of fees and alternative methods of fee payment; The allowance of increased density levels; The reservation of infrastructure capacity for housing for very low-income and low- income persons; The transfer of development rights as a financing mechanism for housing for very low- income and low-income persons; The reduction of parking and setback requirements; The allowance of zero -lot line configurations; The modification of street requirements; The establishment of a process by which the City considers, before adoption, procedures and policies that have a significant impact on the cost of housing; Preparation of a printed inventory of locally owned public lands. City of Miami Local Housing Incentive Plan Page 1 9.6 - 418 1 Definition of Affordable Housing I. Incentive: The affordable housing definition in the appointing resolution. Review mandated by Section 420.9076(4)(a), Florida Statutes. H. Current Status: The City of Miami defines the term "affordable housing" in City of Miami Resolution No. 95-395 as follows: Housing where the occupant is paying no - more than thirty (30%) percent of their gross income on total gross housing cost. III. F Ianation of Existing Regulation Regarding This Incentive: The definition is consistent with the statutory definition provided in the State Housing Initiatives Partnership Act. The statutory definition is what is required since it is the operative definition for the SHIP Program. IV. Advantages/Uisadvantages Qt ChangineAdopting This Incentive: By adopting a standard definition to be applied citywide, the City of Miami implements consistent regulation. There are no disadvantages from implementing this incentive. V. I»tpact Ott -Public Health etv Or Welfare: No negative impacts on public health, safety or welfare should occur as a result of this recommendation. VI. Housing Cost Reduction Anticipated From Implementing This Recommendation: No cost reductions are anticipated from implementation of this recommendation. L"i 10 Recommendation of the Advisory Committee: It was the Committee's recommendation that . the definition of affordable housing be consistent with the appointing resolution. Recommended Schedule For Implementation Incentives Plan by the City Commission. Upon approval of the Housing City of Miami Local Housing Incentive Plan Page 2 96- Expedited Permitting Process I. Incentive: The expedited processing of permits for affordable housing projects. Review mandated by Section 420.9076(4)(b), Florida Statutes. IL Current Status The City of Miami currently does not distinguish between affordable housing and other types of residential development projects in its permitting process. The property owner must apply for building permits to construct the project with the Department of Building and Zoning. III. Explanation Qf Existing Regulation: The Department of Building and Zoning is committed to assisting in the processing of complete and accurate plans by providing a review turn -around time of two weeks. This commitment does not take into account the time that it takes for public hearing process or special permits that might be required for certain parcels of land in the City. IV. Advantazes/MisadvantaW Qt Changing/Adopting This Incentive: The current permitting system in the City of Miami is fairly streamlined, however, a priority system would benefit developers of affordable housing. Certain developments costs, such as interest, overhead, insurance, security and maintenance accrue every day of a project's life. However, the process for new construction especially for multifamily developments that involve a multifaceted and more complex review does take time. V. I,pacts on Public Health, Safety or Welfare: No negative impacts on the public health, safety, or welfare should occur as a result of this recommendation. Recommendation Qf the Adyiso&m Committee: The Advisory Committee recommended that priority be given to the processing of affordable housing projects that have been certified as affordable by the City of Miami's Neighborhood Enhancement Team (NET), Housing Division. Provide City Staff assistance to providers of affordable housing projects. The assigned staff person, who shall report directly to the City Manager, will be in direct contact with the Department of Building and Zoning to assure that the developer of an affordable housing project is given priority and is provided with expeditious service. Musing Cost And Time Reduction Anticipated From Imt kmentation of Recommendation: The expedited permitting process may result in some cost reductions which may vary from pr©j�ect to project. City of Miami Local Housing Incentive Plan Page 3 9S- 418 Modification of Impact Fee Requirements I. Incentive: The modification of impact fee requirements, including the reduction or waiver of fees. Review mandated by Section 420.9076(4)(b), Florida Statutes. II. Current Status: The City of Miami currently charges impact fees, as well as, and Interim Proprietary General Services fees, to new developments, to provide capital for services such as parking, street improvements, sidewalks etc. IYI. &planation of Existing Regulation: Impact fees are required for financing infrastructure improvements required by new growth and development because they make the new development pay for a substantial proportion of the cost it may impose without burdening other existing tax payers. The City of Miami recognizes that impact fees have an increasing influence on housing costs and homeownership. Such fees are especially burdensome to lower income households, as well as, creating an adverse effect on pricing of new homeownership units developed for -low, very -low and moderate income buyers. In order to reduce the cost of developing affordable housing, Section 54.6-2(e) of City of Miami Ordinance No. 10426, provides for waiver of impact fees to developments located within the City of Miami intended for very -low, low and moderate income residents. The City of Miami recognizes that the cost of providing certain City services exceeds the fees charged for said services and that those costs are borne in large part through ad valorem taxation. It is further recognized that from time to time a new building is completed and occupied prior to the improvements being reflected on the tax roll of the ensuing January 1st, and services are provided for which no part of the cost of said services is compensated. For this reason, the City of Miami adopted Ordinance No. 10601, which implemented the Interim Proprietary and General Services Fees, in order to defray the cost to the City in providing City services to newly improved property prior to the imposition of ad valorem taxes on such improved property. These fees are not in any manner, directly or indirectly intended as an ad valorem tax nor is the amount of the fee established related in any way to the valuation of the property receiving said City services. Recognizing that the Interim Proprietary and General Services Fees results in an adverse impact on the development of affordable housing for low and moderate income households, the City of Miami adopted Ordinance No. 010705, which provides a waiver of the Interim Proprietary and General Service Fees to any housing development which is certified by the City of Miami's NET, Housing Division as a low or moderate income housing development, or affordable housing (low and moderate income) which is publicly sponsored. City of Miami Local Housing Incentive Plan Page 5 96- 418 IV. Explanation of AdvantaggsMisadyantages Qf Changing/Adooting This Incentive: Advantage: The exemption from payment of Impact and Interim Proprietary and General Service Fees for affordable housing provides an direct benefit and incentive for new developments, moreover the value of these fees normally imposed on projects, if waived, forgiven or deferred, counts as part of the required match for certain federal housing programs grants received by the City to provided to a project located in the City of Miami by other governmental agencies Disadvantages: There are no disadvantages for those properties that benefit from this exemption. V. Impact on Public Health, Safgty or Wefare• The loss of revenues resulting from the impact fee waivers could have a detrimental impact on the quality and level of service provided by the City and potentially have an adverse effect on the public health, safety or welfare. VI. Recommendation otAdvisory Committee: The City of Miami will continue with its current policy of waiving impact fees, as well as, the Interim Proprietary -and General Service fees for affordable housing developments. Developers must obtain a letter of certification from the City of Miami's NET, Housing Division prior to applying for buildings permits. Developers shall be required to submit to NET an original application of all government financial assistance for the particular development prior to issuance of final approval of waiver of impact fees and issuance of C.O. Developers will execute an affidavit attesting that the development shall be affordable to very -low, low and moderate income individuals or families. Said affidavit will be subject to penalty of perjury. I In addition, the Advisory Committee recommended that the City request from the Dade County School Board that any affordable housing projects to be developed in the City of Miami which have been certified as such by the City of Miami, be exempt from imposition of the Dade County School Board impact fee, as well as request from the Board of Dade County Commission that it enhance its current policy of Impact fee waiver/reimbursement by implementing the policy of an up -front waiver for affordable housing projects within the City of Miami, which have been certified as such by the City of Miami VII. Housing Cost Reduction Anticipated From Implementation of Recommendation The existing cost reduction for affordable housing associated with the exemption from payment of impact fee is approximately $0.832 per square foot of total building square footage. The reduction for affordable housing associated with the exemption from payment of the interim proprietary and general services fee is $0.03 per square footage for each month until the improvements or new construction is assessed by the Dade County Tax Assessor and placed on the tax roll: City of Miami Local Housing Incentive Plan Page 6 96- 418 VIII. Recommended Schedule For ImvlementatioN: The existing policy regarding the waiver of impact and Interim Proprietary and General Services fees are already in effect and are being implemented. The City Manager shall send a written request to the Dade County Manager, as well as, the Dade County School Superintendent requesting the impact fee modification/waiver, within 60 days of the approval of the Housing Incentive Plan by the City Commission. Allowance of Increased Density Levels Incentive: The allowance of increased density levels. Review mandated at Section 420.9076(4)(d), Florida Statutes. Cumnt Status: An increase of up to 25% in number of dwelling units and/or square footage may be approved for parcels located within a zoning district other than R-1, R-2 and CBD by a major use special permit, pursuant to the requirements of Article 17 of City of Miami Ordinance NO. 11000. &planation Qf' Existing ftulation fig.garding This Incentive The provision of a special use permit to allow the increase in density or square footage to a particular development is granted upon a finding that such increase would not: (1) cause the development to be inconsistent with the neighborhood plan, or any governing development order issued for a Development of Regional Impact or any Area -Wide Development of Regional Impact, or any governing master plan which has been duly adopted, or any other duly adopted land use regulation; (ii) cause the actual levels of service for recreation and open space, potable water transmission capacity, sanitary sewer transmission capacity, storm sewer capacity, solid waste collection capacity, or traffic circulation capacity to fall below the levels of service required for the planning district under the neighborhood plan; (iii) result in a request for a variance. In addition, the developer benefiting from such development bonus shall pay, in addition to all other fees required by ordinances affecting the development at the time of receipt of the Major Use Special Permit which authorizes such bonus, the following fee(s): For every additional square foot of buildable space and/or every additional square foot of additional dwelling units, approved as a development bonus, the user shall make a nonrefundable developer contribution of six dollars and sixty seven cents ($6.67) to the Affordable Housing Trust Fund administered by the City of Miami. IV. Explanation of AdvantaeugMisadvantages of Changin jAdog ing This Incentive: Advantage: The existing policy is beneficial as it creates a resource that is use for the creation of affordable housing. Disadvantages: The increase of density to new developments can create concerns of the community affected regarding overcrowding and road congestion. V. Imnact.on Public_ health. Safety or Welfare: The Committee is not recommending any changes or modifications on existing density levels, therefore, no negative impacts on the public health, safety, or welfaiFe should occur as a result of the recommendation. City of Miami Local Housing Incentive Plan Page 8 96- 418 VI. Recommendation of Adpisoly Committee: The Committee is not making any recommendations to modify the existing policy pertaining to this incentive, however the Committee does suggest that support be provided by the City of Miami's NET, Housing Division ' for request for increase in density levels where affordable homeownership developments are proposed/planned. VIi. Housing Cost Reduction Anticipated From implementing TIUs Recommendation: No cost reductions are anticipated from the implementation of the recommendation since the density levels will continue to function as they presently operate. VIII. Recommended Schedule For Implementation: No changes are recommended. Allowance of Zero -Lot Line Configurations Intent Yam. Allowance of zero -lot line configuration of land. Review mandated by Section 420.9076(4)(b), Florida Statutes. -Current Status: The City of Miami does not currently allow zero -lot line developments. &planation Of Existing Regulation Regarding.This Incentive: Zero -lot line housing configurations are used in many instances to place a normal sized housing unit on a small or undersized lot, thus making the most out of a small parcel by combining both side yards into one. This type of development regulation is usually applied to large tracts of vacant land proposed to be developed as detached dwelling units. The City of Miami does not have a an abundance of available vacant land to be utilized for this type of configuration. IV. _ dvantagoMisadvantago Qf Chan gine/Adopfing This Incentive: Even though in other communities the allowance of zero -lot line configurations has decreased the cost of housing by allowing the developer to increase the project's density. These developments are not appropriate in the City of Miami due to the lack of available tracts of land. V. jmvacts on Public Health. Sgfety or Welfare: No negative impacts on the public health, safety, or welfare should occur as a result of this recommendation. -i VI. Housing Cost Reduction Anticipated From Im.pementing This Recommendation: No housing cost reduction is anticipated from implementation of this recommendation. I VII. Recommendation QfAdvisory Committee: The City of Miami's current zoning codes do not permit the zero -lot line concept as it violates the City's set back requirements. With the City's existing minimum lot size requirement of 5,000 square feet, it is felt that this size lot is small enough to accommodate desired developments. VIII. Recommended Schedule For IM plementation: No recommendation for modification is made. F City of Miami Local Housing Incentive Plan Page 10 95- 418 V. VI. r Modification Of Street And Sidewalk Requirements Incentive The modification of street and sidewalk requirements. Review mandated by Section 420.9076(4)(I), Florida Statutes. Current Status: The City of Miami follows the guidelines and standards established by Metropolitan Dade County, as well as, City of Miami Codes. &planation Qf Existing Regarding This Incentive: The City of Miami being a highly developed community, requires that a developer repair, upgrade and/or replace the sidewalk, curbs and gutters for projects associated with new construction or rehabilitation. Advantages/Xsadvanta= Of Changing/Adopting This Incentive: - Advantage: Relaxation of the requirement to construct new sidewalks and curbing, other than that which is damaged prior to, or during the construction process, has a direct financial benefit and constitutes an incentive for new development. Disadvantage: The City's General Fund budget did not contemplate funds for the construction of streets and sidewalks for affordable housing initiatives, therefore funds are not budgeted. ILMpacts On Public Health Safgy or Welfare• No negative impacts on the public health, safety, or welfare should occur as a result of this recommendation. Housing Cost Reduction Anticipated From Implementing This Recommendation The housing cost reduction anticipated from implementation of this recommendation will vary from project to project. Recommendation of Advisory Committee: The City of Miami's NET, Housing Division to request funds from the 23rd Year CDBG Program, to be used to implement a program that will make available funds for off -site improvements to providers of affordable housing projects located within the City of Miami's Community Development Target Areas. Recommendation .schedule For Implementation: Incentives Plan by the City Commission. Upon approval of the Housing ! City of Miami Local Housing Incentive Plan Page 11 95 418 IV. i Transfer of Developer Rights jjcentive: The transfer of developer rights as a financing mechanism for housing for very -low income persons. Review mandated by Section 420.9076(4)(f), Florida Statutes. Current Status: The City of Miami at the present time does not have a policy that allows the transfer of development rights. EVIanation Of Existing Regulation: Currently, the City of Miami does not provide transfers of development rights in exchange for the provision of affordable housing. The City however does have the Affordable Housing Trust Fund, which was established to receive funds for affordable housing from new developments built in the SPI-5 and SPI-7 zoning districts. The City of Miami has a linkage program codified -in the City's Zoning Codes 1556.2.2t1) and 1576.2.2(l)(b) which established the SPI-5 and SPI-7 zoning districts. These districts allow for the developers of non-residential use properties an increase in the floor area ratio of the proposed development in exchange for that developers contribution of $6.67 for each additional square foot increased, into the Affordable Housing Trust Fund. These fluids will then be expended for affordable housing developments within those districts. Exnlanation Of AdvantaLms/DisadvantaQes of ChaneinQ/AdontinQ This Incentive: Advantage: In some cases, development rights have been purchased by developers to increase densities, floor space allowances, and thus reduce the per -unit costs of developments. Disadvantages: Other than a program of this nature would be difficult to administer and would require ' constant monitoring, no other disadvantage can be identified. MMAact on Public Health, Safgy and Welfare: No negative impact on the public health, safety or welfare should occur as a result of this incentive. Recommendation Q f Advisory Committee: The Committee will review the possibilities of the implementation of a transfer of development rights policy. In respect to the Affordable Housing Trust Fund, the Committee recommends that the same requirements that apply to properties that are developed in the SPI-5 and SPI-7 districts, apply for requests for increase of density levels for residential developments which are not certified by the City of Miami's NET, Housing Division as affordable housing. City of Miami Local Housing Incentive Plan Page 12 95- 41S City of Miami Local Housing Incentive Plan Page 13 96- 418 • r " �irisl��l Review Procedure For Plan Provision That Impacts Affordable Housing I. Incentive: Process by which the City considers, before adoption, procedures and policies that have a significant impact on the cost of housing. Review mandated by Section 420.9076(4)0), Florida Statutes. II. Current Status: Currently, the City has a review process in place that includes input from the Community Planning and Revitalization, Building and Zoning, Public Works and Building Departments as well as other departments. The City's NET, Housing Division, however,is not included. III. Explanation of Existing. Regulations: With regard to matters concerning the platting and land use regulation of residential developments, including affordable housing, the City has a review procedure. However, the procedure does not directly address the specific impact on affordable housing. There is no process regarding general legislation wherein its impact on affordable housing is discussed or provided to the governing body, the City Commission. IV. AdvantagaMisadvantages DiChanginadqg ing This Incentive: The intent of the recommendation is to formalize the participation of the NET, Housing Division in the review of proposed ordinances, policies and procedures, and regulations. The advantage is that the impact on affordable housing that a proposed plat or variance may have will be addressed and specific recommendations will be considered by the governing body prior to adoption. The disadvantage is the creation of an additional review/comment point on legislation which may or may not be relevant to housing as well as creating a delay of the permitting process. V. Impacts on Public Health, Saft or Welfare: The adoption of the recommendations will have no impact on public health, safety or welfare. VI. Recommendation of Advisory Committee: The City of Miami will establish a policy that identifies the impact on affordable housing before adopting any policies, procedures, ordinances, regulations or provisions that have a significant impact on the cost of affordable housing. To the extent feasible, exempt affordable housing from requirements that impact the increase in cost. It is recommended that the City of Miami's Affordable Housing Advisory Committee (AHAC) be City of Miami Local Housing Incentive Plan Page 14 96- J City of Miami Local Housing Incentive Plan Upon approval of the Housing Page 15 96- 418 V. VI. Inventory of Publicly Owned Land Suitable For Affordable Housing Incentive: Preparation of a printed inventory of locally -owned public lands suitable for affordable housing. Review mandated by Section 420.9076(4)(k), Florida Statutes. Current Status: The City has a formal inventory of all locally -owned public lands. Said inventory includes land suitable for affordable housing. This list is made available to not for profit certified Community Housing Development Organizations (CHDO) for the development of affordable housing. Explanation of existing Regulation Regarding This Incentive: The maintenance of a current inventory of locally -owned public lands is necessary to provide not for profit, certified CHDO's with information regarding land available for development. dvantaMsMisadvantages Qf Changing/Ado taming This Incentive: Advantage: The provision of acquired locally -owned public land suitable for affordable housing represents and incentive for the development of affordable. Disadvantage: There are no disadvantages associated with this incentive. ImPets on Public Health, &AU or ffd are: No negative impacts on the public health, safety or welfare should occur as a result of this recommendation. Housing Cost Reduction Anticipated From Implementing This Recommendation: No specific cost saving can be directly attributed to the implementation of the recommendation. Recommendation of Advisory Committee: To continue to maintain an inventory of locally owned public lands suitable for affordable housing by the City's, NET, Housing Division. Parcels from this inventory to be conveyed to local certified CHDO's for the development of affordable housing units for very -low, low and moderate income households. Recommended schedule For Implementation: Incentives Plan by the City Commission. Upon approval of the Housing City of Miami Local Housing Incentive Plan Page 16 96- 418 Reduction Of Parking And Setback Requirements Incentive: Reduction of parking and setback requirements. Review mandated by Section 420.9076(4)(b), Florida Statutes. Current Status: City of Miami Ordinance NO. 11000, as amended, permits under Section 917.6, a reduction in the parking requirements for housing projects targeted for low income families and individuals. This reduction of generally applicable off --street parking requirements in connection with housing for low income families and individuals may be allowed, by Special Exemption only, to an amount no less that one- half (1/2) of land area, which otherwise would be used for parking shall be set aside and maintained as open space or utilized for recreational purposes. Explanation of Ekisting Regulation: Reduction of generally applicable off-street parking requirements in connection with affordable housing may be allowed by Special Exception only to an amount not less than one-half (1/2) of the spaces generally required. The remaining one-half (1/2) of land area which would otherwise be used for parking shall be set aside and maintained as open space or utilized for recreational purposes. The following requirements and limitations apply: (a) The project must conform to the requirements of state and/or federal programs for this purpose. (b) The zoning board, in its consideration of the application for Special Exception, determines and makes a finding that the reduction in off-street parking requirements is justified in view of the nature and type of prospective occupancy, the economic circumstances involved, and that traffic facilities in the neighborhood. (c) The zoning board, as part of its grant of Special Exception, must specify that the City,upon notice and hearing as for Special Exception, may later require that he one- half (1/2) of land area set aside be converted and devoted to off-street parking, it .is demonstrated that traffic and parking conditions together with impact on the neighborhood require such conversion. (d) After such permit is issued, the premises shall not be used other that as low income housing, subject to the exceptions and limitations set forth in (a) above, unless and until any parking requirements and all other requirements or limitations of this zoning ordinance for the district involved arid. applying to the new use have been met. City of Miami Local Housing Incentive Plan Page 17 96- 418 - . .i n ♦ .. -.__ __"% L__ J.._.. A__.- -r Ally. _.._!.._/I J_.. Jl.._ 'rL:.. ro.. 4.6- Advantage: Relaxation of setback requirements and minimum parking requirements has a direct benefit and constitutes an incentive for new development. Disadvantage: The reduction of setback requirements and parking standards, however, in a City which faces the overcrowded and density problems of a developed urban community cannot be ignored in favor of additional development. It would be counterproductive and undesirable to reduce parking standards and setback requirements based on existing conditions within the City. facts on Public Healtla, Safe or Wei are: There will be no impact on public health, safety or welfare should the recommendation be adopted. Recommendation QfAdyisoCz Committee: This reduction shall no longer require a "Special Exception", but be granted by right for "Affordable Housing Developments", as certified by NET, Housing Division which are intended to occupy disabled or elderly persons. Housing Coct Reduction Anticipated From Imnlementation Of Recommendation: Since no change is being recommended, no cost reduction is anticipated. VIH. Recommended Schedule for Implementation: Modification to the existing policy to take effect upon the approval of the Housing Incentive Plan by the City Commission. City of Miami Local Housing Incentive Plan Page 18 95- 418 Reservation Of Infrastructure Capacity For Housing Incen(ve: Reservation of infrastructure capacity for housing. Review mandated by Section 420,9076 (4)(b), Florida Statutes. II. Current Status: Currently, the City does not provide for an incentive or capacity reservation set -aside for housing for very low and low-income persons. III. F.xnlanation of Existing Regulation Regarding This Incentive: Infrastructure capacity reservation is directly related to the state requirements that the City maintain a "concurrency management" system. The Growth Management Act of 1985 requires local governments to ensure that public facilities and services that are necessary to ensure that public facilities and services that are necessary to support development be "concurrent" with the impacts of development. This means that all new developments must be located where existing services are available or where there are plans and funds to provide these services. IV. AdvantagdVisadvantages of Changing/ftling This Incentive: The City of Miami has experienced unprecedented growth during the last few decades. The reservation of infrastructure capacity would mean that, in the future, should the City get close to 100% of its infrastructure capacity . reserving infrastructure capacity, for affordable housing would assure the availability of this type of new developments. V. Impacts on Public Health Safety or Welfare• No negative impacts on the public health, safety or welfare should occur as a result of this incentive. VI, &using Cost Reduction Anticipated From ftl2lementing This Recommendation The housing costs reduction anticipated from this recommendation is not know at this time, as they would vary depending on the type of project. VII. Recommendation o,,' Advisory Committee: The Advisory Committee decided that within the next 12 months it would study the possibility of developing a policy that. would be presented to the City Commission that deals with this incentive. At this time the Committee recommends that the City Manager requests from the Dade County Manager that the County waive the fee paid to the Dade County Department of Environmental Resources Management for the required allocation letters for proposed affordable housing projects within the City of Miami that have been certified as such by the City of Miami. VIII. Recommended Schedule For Implementation: Upon approval of the Housing . Incentives Plan by the City Commission. City of Miami Local Housing Incentive Plan Page 19 96— EXHIBIT 1 RESOLUTION NO. CJ '"' 305 A RESOLUTION APPOINTING NINE (9) INDIVIDUALS TO THE CITY OF MIAMI'S AFFORDABLE HOUSING ADVISORY COMMITTEE AND DEFINING AFFORDABLE HOUSING PURSUANT TO THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM. WHEREAS, on July 7,, 1992, the State of Florida enacted. the William E. Sadowski Affordable Housing Act, which allocates a portion of new and existing documentary stamp taxes on deeds on real estate transactions to local governments for the development and maintenance of affordable housing; and . WHEREAS-•- the.., Sadowski ..AfforOabje . Housing r Act . provides a f dedicated revenue source for affordable housing and created the ••StateHousing.-:In3.t ativ6s'"Pai'-gh4otsh .p:_.g am,..(SHIPl;-.and :r..... .... WHEREAS, in August of 1994, the City of Miami was notified by the State of Florida that the City would be eligible to received $1,353,387 in. SHIP Program funds beg'ihning with the State's FY 1995-96 allocation, contingent upon the legislature appropriating the existing ten cents ($.10)authorized in the Sadowski Act this year; and WHEREAS, in order -for the City of Miami to receive the tit t_ aforementioned funds, it is necessary for the City to appoint a l; + nine (9) member Affordable Housing Advisory Committee. The committee shall be responsible for develo CITY COZOMSM9 MEETING OF, 96- 418 MAY 0 1 1995 1 Resolution No. 95- 305 OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully' set forth"'En "this~ SectipA .. .. . Section 2. The following individualsare herreby, appointed to the City of Miami Committee: Rafael Cabezas active residential home builder. -Jose R. Alonso active banker or mortgage banker. Herbert J. Bailey _'!. active affordable housing provider. Tayler Pierce Kurau - advocate of low income persons. -2- Affordable Housing Advisory as the member' who is an as the member who is an as the member who is an as the member who is an 95- 305 96- 418 is an is an ' f member member member Section 3. The term affordable housing is hereby defined jas housing where the occupant is paying no more than thirty percent (30%) of their gross income on total gross housing cost. Section 4,. This Resolution shall become effective day .of. Mom, . 1.995. S EPHEN P. CLARK, MAYOR APPROVED AS TO FORM AND CORRECTNESS: A. Q 0 ES, I I CITY ATT EY 95- 305 90- 418 J-96-477 6/6/96 EXHIBIT 2� RESOLUTION NO. A RESOLUTION, WITH ATTACHMENTS, APPROVING THE CITY OF MIAMI AFFORDABLE HOUSING INCENTIVE PLAN, PURSUANT TO THE IMPLEMENTATION OF THE STATE OF FLORIDA HOUSING INITIATIVES PARTNERSHIP ("SHIP") PROGRAM TO THE CITY OF MIAMI FOR THE PERIOD COVERING FISCAL YEARS 1995 THROUGH 1998; AUTHORIZING THE CITY MANAGER TO SUBMIT SAID AFFORDABLE HOUSING INCENTIVE PLAN, ATTACHED HERETO AND MADE A PART HEREOF, FOR REVIEW AND APPROVAL BY THE STATE OF FLORIDA HOUSING FINANCE AGENCY; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS AND AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO CARRY OUT THE TERMS AND CONDITIONS OF SAID PROGRAM. WHEREAS, on July 7, 1992, the State of Florida enacted the I William E. Sadowski Affordable Housing Act ("Sadowski Act"), which allocates a portion of new and existing documentary stamp taxes on deeds on real estate transactions to local governments for the development and maintenance of affordable housing; and WHEREAS, the Sadowski Act provides a dedicated revenue source for affordable housing and created the State Housing Initiatives Partnership Program ("SHIP"); and WHEREAS, in August, 1994, the City of Miami was notified by the State of Florida that the City would be eligible to receive $1,353,387.00 in SHIP Program funds beginning with Florida State Fiscal Year 1995-96; and 95- 418 WHEREAS, in order for the City of Miami to receive the aforementioned funds, it was necessary for the City to create a nine (9) member Affordable Housing Advisory Committee; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1, The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City of Miami Affordable Housing Incentive Plan, pursuant to the implementation of the State of Florida Housing Initiatives Partnership ("SHIP") Program to the City of Miami for the period covering Fiscal Years 1995 through 1998, is hereby approved. Section 3. The City Manager is further authorized to submit said Affordable Housing Incentive Plan, attached hereto and made a part hereof, for review and approval by the State of Florida Housing Finance Agency. Section 4. The City Manager is hereby further authorizedlto execute any and all documents and agreements, in a form acceptable to the City Attorney, to carry out the terms and conditions of.said Program. Section 5. This Resolution shall become effective immediately upon its adoption. i� The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. 'gym 95-- 418 PASSED AND ADOPTED this day of WALTER J. FOEMAN CITY CLERK A. QUINN OUNbb, 'I' CITY ATTORNEY BSS:W901 - 3 - f 1996. 96- 418 IN] E. Exhibit 3 Certification to Florida Housing Finance Agency Adoption of Incentive Plan for the City of Miami, Florida The City of Miami, Florida hereby certifies that: All Advisory Committee meetings and records were open to the public. Notice of the time, date, and place of the public hearing of the Advisory Committee to adopt final affordable housing incentive recommendations was published in The Miami . Herald, a newspaper of general paid circulation in the City of Miami. + The notice contained a short and concise summary of the affordable housing initiative recommendations to be considered by the Advisory Committee recommendations could be obtained by interested persons. The Advisory Committee recommendations were approved by an affirmative vote of the majority of the advisory committee membership taken at a public hearing The Advisory Committee made recommendations on at least the following incentives: (1) The affordable housing definition in the appointing resolution. (2) The expedited processing of permits for affordable housing projects. (3) The modification of impact fee requirements, including reduction or waiver of fees and alternative methods of fee payment. (4) The allowance of increased density levels. (5) The reservation of infrastructure capacity for housing for very low-income persons and low-income persons. (6) The transfer of development rights as a financing mechanism.for housing for very low-income persons and.low-income persons. (7) The reduction of parking and setback requirements. (8) The allowance of zero -lot line configurations. 96- 418 Exhibit 3 The modification of street requirements. (10) The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that have a significant impact on the cost of housing. (11) The preparation of a printed inventory of locally owned public lands suitable for affordable housing. F. The Incentive Plan was adopted by City of Miami Commission within 90 days after receipt of the affordable housing incentive recommendations from the Advisory Committee. G. The Incentive Plan was adopted within 12 months from the date of adoption of the SHIP Ordinance. Witness I Witness Attest: (Seal) Chief Elected Official 96- 418 ,1 EXHIBIT 4 City of Miami, Florida lei A public hearing will be held by the Commission of the City of Miami, Florida, on June 13, 1996 at 900 A.M. in the City Commission Chambers at City Hall, 3500 Pan American Drive, Miami, Florida to consider and recommend adoption of the City's Affordable Housing Incentive Plan by .the City Commission. The following is a summary of the recommendations under consideration: The City's Affordable Housing Advisory Committee has reviewed the following incentives and criteria: An affordable housing definition, and expedited permitting process, impact fees, increased density levels, capacity reservation for low and very -low income housing, transfer of development rights, parking and setback requirements, zero -lot line configurations, street design, public land inventory for affordable housing and a process for evaluation of impacts on affordable housing prior to adoption of rules, regulations and legislation. The Advisory Committee recommends no changes to existing regulations and ordinances with regard to these incentives except that it proposes an expedited permitting process for affordable housing projects for new construction and further proposes legislation and regulations upon the cost of housing. Should any person desire to appeal any decision of the City Commission with respect to any matter considered at the hearing, that person should ensure that a verbatim record of the proceeding is made, including all testimony and evidence upon which any appeal may be based. A copy of the proposed recommendations of the Affordable Housing Advisory Committee may be obtained at any of the City's Thirteen (13) NET Service Centers or the NET/Housing Division, 300 Biscayne Blvd. Way, Suite 401, Miami, Florida or call (305) 579-3336. 96- 41S TO : Honorable Mayor and Members DATE : JUN 3 looS FILE of the City Commission suaJEcr Resolution Approving State' of Florida Required Housing Incentive Plan FROM : Cesar REFERENCES City r ENCLOSURES: City Commission Agenda Item : June 13, 1996 RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached resolution, approving the City of Miami's Housing Incentive Plan required by the State of Florida for the City's continued participation in the State Housing Initiatives Partnerships Program (SHIP Program). In 1992, the William E. Sadowski Affordable Housing Act established the State Housing Initiatives Partnership (SHIP) Program, which is administered by the Florida Housing Finance Agency. SHIP Program funds are derived from set -aside allocations from documentary stamp levies on real estate transactions statewide. The City of Miami was allocated approximately $1.3 million in SHIP Program funds for FY 1995/96, with a similar amount estimated for FY 96-97. In May of 1995, through Ordinance No. 11253, the City Commission approved the establishment of the City's Local Housing Assistance Program, pursuant to the State Housing Initiatives Partnership Program (SHIP Program). Each local unit of government participating in the SHIP Program must, within twelve (12) months, after establishing the program by ordinance, submit to the State a local Housing Incentive Plan (HIP). As described in the City's SHIP Program Plan, adopted by the. City; Commission in May of 1995, the City's FY 1995/96 SHIP funds will be utilized to create homeownership opportunities for very low, low and moderate income eligible families within the City of Miami. 96- 418 Page 2. Through ,Ordinance No. 11253, the City Commission also established the City of Miami's SHIP Program Affordable Housing Advisory Committee, as a nine (9) member and finalized the appointments in March of 1996. The Committee's main function was to develop a Local Housing Incentives Plan for consideration by the City. The City of Miami's SHIP Program Affordable Housing Advisory Committee held several public meetings during the months of March and April, 1996, in which it reviewed various City established housing related policies and procedures, ordinances, development regulations local comprehensive plan. A draft Housing Incentive Plan (HIP) was adopted by the Affordable Housing Advisory Committee at their April 23, 1996 meeting. The draft HIP was advertised in the Miami Herald and copies were made available to the public for review and comments through the City's NET Service Centers. The plan recommends a number of incentives to encourage or facilitate the development of affordable housing units in the City of Miami. Pursuant to State rules, the Committee made recommendations on housing incentives in the following areas: I • The definition of affordable housing. • Expedited processing of permits issued by the City of Miami. o Modification of impact -fee requirements, including reduction or waiver of fees and alternative methods of fee payment. • Allowance of increased density levels. • Reservation of infrastructure capacity of housing. • Transfer of development rights as a financing mechanism for housing. • Reduction of parking and setback requirements. • Allowance of zero lot -line configurations. • Modification of street requirements. • "-Establishment of a process by which the City considers, before adoption, the impact of proposed policies, procedures, ordinances, regulations, or plan provision have upon the cost of housing. • Preparation of printed inventory of locally owned lands. The local Incentives Plan adopted by the Committee is attached for your review and approval. Page 3. The attached resolution recommends City Commission approval of the City of Miami's Housing Incentive Plan, as required 'by the State of Florida for the City's continued participation in the State Housing Initiatives Partnership Program (SHIP Program). The attached resolution further authorizes the City Manager to submit the City's Housing Incentive Plan for review and approval by the State of Florida, in addition to authorizing the City Manager to execute the appropriate agreements and documents, as required by the State in order to carry out the SHIP Program. In an effort to satisfy the State of Florida's requirements for the City's continued participation in the SHIP Program, City Commission ratification of the attached resolution is recommended. �k_ H- 418