Loading...
HomeMy WebLinkAboutLegislation FRCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Nt mber 07-00720 Final ,action Date. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 13, ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "DEVELOPMENT IMPACT AND OTHER RELATED FEES/IN GENERAL," MORE PARTICULARLY BY AMENDING SECTION 13-8, IN ORDER TO ESTABLISH A MECHANISM TO ALLOW FOR THE CITY MANAGER TO WAIVE CERTAIN AFFORDABLE HOUSING TRUST FUND CONTRIBUTIONS FOR DEVELOPMENT THAT COMPLIES WITH SPECIFIED CRITERIA ONLY; AND ALSO BY AMENDING SECTIONS 13-5, 13-8 AND 13-16 IN ORDER TO CLARIFY REQUIREMENTS AND PROCEDURES FOR DEFERRAL OF IMPACT FEES FOR Q,1,.1 1LIFIFD AFFQ.RDABLE HOUSING P.R.OJEC TS;.-..CONTAININC.G A REPEAI. FR . PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 13 of the Code of the City of Miami, Florida, as amended ("City Code"), specifies that certain impact fees may be deferred for qualified affordable housing projects; and WHEREAS, such qualified affordable housing projects should also be eligible for waivers of contributions to the Affordable Housing Trust Fund; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 13, Article I of the City Code, entitled "Development Impact and Other Related Feeslln General," is amended in the following particulars:{1} "CHAPTER 13 DEVELOPMENT IMPACT AND OTHER RELATED FEES ARTICLE I. IN GENERAL * * Sec. 13-5. Definitions, As used in this article, the following words and terms shall have the following meanings, unless another meaning is plainly intended: Affordable housing shall mean, solely for purposes of this article, owner -occupied and/or rental housing with a purchase cost, value, or monthly rental, as applicable, equal to or less than the City of Miami Page 1 of 5 Printed On: 6/5/2007 File Number: 07-00720 amounts established by the applicable standards as determined by the Department of Communitv Development in relation to the affordable housing impact fee deferral program provided for in this article. Applicant shall mean the property owner, or duly designated agent of the property owner, of land on which an application for a building permit is submitted and impact fees are due pursuant to this article, ur shali mean file property ownei or duly designated agent of the property owner or iana identified in a credit agreement pursuant to subsection 13-16(e) where such property owner or agent is responsible for the provision of system improvement(s). Sec. 13-8. Deferral of impact fees for affordable housing and waivers of contributions into the Affordable Housing Trust Fund. 13-8.1 Deferral of impact fees for affordable housing .. (a) _l.n..arcler tn..encourage.the. proyis.in,n_and retentinn of affnrcddhle hnusinn .for. owner-nccoranc and .._ F... for rental, the city commission hereby establishes a program for the deferral of impact fees due on affordable housing dwelling units developed within the city. The city may require, under the program resolution, annual reporting and any other requirements deemed necessary or appropriate for participation in the affordable housing impact fee deferral program. An applicant shall submit a petition for affordable housing deferral program determination under section 13-16 for a determination of eligibility under this program prior to or in conjunction with the submittal of an application for a building permit. If the petition for affordable housing deferral program determination is submitted incomplete and/or too close in time to allow determination prior to issuance of the building permit, then the total impact fees due shall be paid prior to issuance of the building permit, and a petition for refund under subsection 13-16(d) may be submitted if the development is approved for the deferral program. (b) Affordable housing impact fee deferral shall apply only to the dwelling units that qualify as affordable housing. Impact fees due on all portions of the development that do not qualify for deferral shall be paid in full prior to issuance of a building permit. A covenant running with the land or a deed restriction, shall be recorded on each dwelling unit by the applicant, or by the current property owner if the applicant is not the owner, which confirms to the requirements of the resolution establishing the affordable housing impact fee deferral program. The city may use all available legal mechanisms for collection of the impact fees due. The covenant or deed restriction language and form shall be acceptable to the office of the city attorney, which office may provide standardized forms for use in the affordable housing deferral program. F 13-8.2 Waiver of contribution into affordable housing trust fund for affordable housing In addition to the program for deferral of impact fees for qualified affordable housing established in Section 13-8.1 above, the City Manager is herebyauthorized to approve a waiver of contribution into City of Miami Page 2 of 5 Printed On: 6/5/2007 File Number: 07-00720 the City's Affordable Housing Trust Fund as set forth in Section 914 of ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, for Affordable housing development that complies with the following requirements: a. Such development shall consist of 100% affordable housing units for families and/or individuals: and b. Such development shall have secured its necessary low-income housing tax credits from Florida Housing Finance Corporation and shall submit proof of such to thG City roarlagoi ui Iiis desigilee. Sec. 13-16. Administrative procedures for petitions for impact fee determinations and affordable ' housing deferrals, refunds and credits. (a) Petition process. (1) Petitions for an impact fee determination and affordable housing impact fee deferral refund of impact fees and/or credit against impact fees shall be submitted using the petition process, ,requirements and time limits.,provided .herein. All petition requests.__except petitions for.r. fur4ds-under �., subsections (c)_ and (d) below, shall be accompanied by a fee of $250.00. Any officer department board commission or agency of the city (collectively referred to as city "entities") submitting a petition shall not be required to pay said fee. (2) All petitions shall be submitted to the city manager's chief of operations for processing and preparation of a staff report and recommendations on the petition, and the final determination on the petition shall be issued by the city manager. The chief of operations is authorized to request analysis of the petition request by any and all appropriate city departments and staff in order to provide a complete and detailed review of and recommendations on the petition request to the city manager. The staff report and recommendations shall be forwarded to the city manager no later than 60 days after filing of a complete petition. The city manager shall, no later than 90 days of filing of the complete petition issue a written determination on the petition, with the reasoning for the determination based upon the petition data, the provisions of this article and applicable laws, and, if needed, direct the appropriate city staff to take the actions necessary to implement the determination. (3) Upon written agreement by the chief of operations and the petitioner the time limits in this section may be waived for any reason, including, but not limited to, the submittal of additional data and supporting statements by the petitioner. The chief of operations is authorized to determine whether a petition is complete and whether additional dta or supporting statements by appropriate professionals are needed. If the chief of operations determines that the petition is not complete, a written statement detailing the insufficiencies of the petition shall be provided to the petitioner within 30 days of initial filing of the petition. The date of such written determination of insufficiency shall toll the time limits established in the section until submittal of a complete petition. Any insufficiency not corrected during such time will cause the petition to not be considered, and it will be returned without the necessity of further action. (4) The filing of a petition shall stay action by the city on the application for building permit and any other city action related to the development. No building permit shall be issued for development for which a petition has been filed and is pending unless the total impact fees due have been paid in full or a sufficient bond or letter of credit satisfactory to the city attorney has been filed with the city. City of Miami Page 3 of 5 Printed On: 6/5/2007 File Number: 07-00720 (b) Petitions for impact fee determination. Any applicant, prior to in conjunction with the submission of an application for a building permit, or within 30 days of the date of payment of impact fees, may petition the city manager for a determination that the amount of the impact fees imposed on the new development is inappropriate based on any or all of the following factors the specific land use category applied to the residential or nonresidential development and the amount of development (dwelling units and/or gross square footage). The petition shall specify in detail the basis on which the applicant asserts that the crrcunt cf the impact rccc is inappropriate. The petitioni trial; be of i a iurm provided by the city and shall, at a minimum, include identification of the disputed factor(s), a detailed statement asserting the basis for the dispute, the data relied upon by the petition and a detailed statement by a qualified professional engineer, planner or other appropriate professional, and, if filed after payment of impact fees, a dated receipt for payment of the impact fees issued by the city's building department. Failure to timely file a petition for impact fee determination shall waive any right to review or recalculation to decrease the impact fee payment. (c) Petitions for affordable housing deferral program determinations. Any applicant for deferral of impact fees pursuant to the affordable housing impact fee deferral program established in section 13-8 shall submit a petition prior to or with submittal of a building permit application: Failure to _timely file a petition_for affordalt7,le. ,hgys)ng deferral..prograr determination Grail ___ waive any right to participation in the affordable housing deferral program. Such petition shall be on a form provided by the city and shall at a minimum include the following: (1) A list of all affordable housing unit numbers by building with the total number of dwelling units for each building and the anticipated sales price or rental amount for each affordable housing unit. (2) A list of all anticipated affordable housing unit owner names and current addresses and other contact information if such information is available; if the information is not available the petition may be processed without it. . (3) A covenant running with the land, previously recorded by the applicant in the public records of Miami -Dade County for each affordable housing unit. The recorded covenant shall be on a form provided by the city and shall be in a form acceptable to the office of the city attorney. A deed restriction, in a form acceptable to the office of the city attorney may be submitted in lieu of a covenant as long as it accomplishes the same goal as the covenant. (4) Any other information deemed relevant by city staff to a determination of eligibility under the affordable housing deferral poramcriteria established in this article and the applicable city commission resolution. Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective ten (10) days after final reading and adoption thereof. {2) City of Miami Page 4 of S Primed On: 6/5/2007 File Number, 07-00720 APPROVED AS TO FORM AND CORRECTNESS JORGEy'L. FERNANDEZ CITY ATTORNEY Footnotes: {1} 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. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become e.ffective.immediately..upon. Override of the .veto by the -City Commission or upon the effective,date -R- stated herein, whichever is later. City of Miami Page 5 of 5 Printed On: 6/5/2007