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HomeMy WebLinkAboutAffordable Housing Special Benefit10-012.2.e0 Article 10. AFFORDABLE HOUSING SPECIAL BENEFIT 10.1 Establishment of Affordable Housing Special Benefit The intent of the Affordable Housing Special Benefit established in this article is to facilitate the development of high quality Affordable Housing in the City by providing development incentives, including Density, Building Height, and FLR bonuses, parking reductions, and modifications of architectural/design standards in certain Transect Zones in connection with a development that provides Affordable Housing, defined as serving residents at or below sixty percent (60%) of the Area Median Income, or as otherwise defined by Florida Housing Finance Corporation, or its successor agency, in accordance with applicable Federal and State regulations. In the administration of this Article, the Zoning Administrator shall consider a Certified Affordable Housing Development within 3/< mile of a Metrorail or Metromover stop to be a Transit Oriented Development. As a pre -requisite to qualify for any of the special benefits described in this Article, a development shall provide a minimum of eighty percent (80%) of the residential units as Affordable Housing (Multifamily and/or Elderly) and must be certified by the City of Miami Community Development Department as an Affordable Housing Development. As a condition to the issuance of a building permit for a development approved under this Article 10, the property owner shall enter into and record a Covenant Running with the Land confirming that at least eighty (80%) of the residential units will be designated as Affordable Housing under applicable Federal, State, Miami -Dade County, and/or City of Miami regulations for a period of no less than fifteen (15) years. The provisions included in this Article 10 shall govern and supersede any conflicting provisions elsewhere in this Miami 21 Code. 10.2 Density Bonuses Notwithstanding the requirements and limitations of the underlying Transect Zone on which a Certified Affordable Housing Development is built, such developments shall be permitted to obtain one or more of the density bonuses below, but in no event shall permissible density exceed 30% more than the maximum otherwise permitted in a given transect: A. Transit Oriented Developments may be developed at an increased density level of up to twenty-five percent (25%) more than otherwise permitted in the underlying district. B. Developments committing a minimum of ten percent (10%) of the units for "Very Low Income Persons" jat or below fifty percent (50%) Annual Median Income' as defined by the Department of Housing and Urban Development, may be developed at an increased density level of up to twenty-five percent (25%) more than otherwise permitted in the underlying district. C. Developments committing five (5) or more housing units for "Extremely Low Income Persons" fat or below thirty-three percent (33%) Annual Median Income] as defined by Florida Housing Finance Corporation, shall be eligible for a density increase over the maximum permitted in the underlying Transect equal to two (2) units for every five (5) residential units committed to serve Extremely Low Income Persons. 10.3 Development In Urban Transects Notwithstanding any other limitations in this Code, and in place of and foregoing the bonuses provided for in Section 3.14 (Public Benefits Program), an Affordable Housing Development may be developed in accordance with the following: A. T-5: Maximum building height 75 feet with no limitation on the number of stories. B. T6-8: (i) FLR 5 + 35% Increase; (ii) Maximum building height 125 feet with no limitation on the number of stories. C. T6-12: (i) FLR 8 + 35% Increase; (ii) Maximum building height 240 feet with no limitation on the number of stories 10.3.1 Further Affordable Housing Development Standards General to Zones: A. Parking on all floors is permitted in the second layer without obtaining a Waiver, provided that any building facade visible from existing abutting residential uses is screened to conceal internal elements including vehicles, headlights, etc. from view of pedestrians at ground level. Habitable space or air conditioned liner space shall not be required to screen parking facilities. B. Certified Affordable Housing Developments shall not be required to provide Pedestrian or Vehicular Cross Block Passages. C. Certified Affordable Housing Developments abutting two (2) or more Thoroughfares shall have only one (1) Principal Frontage and shall not be subject to the minimum Principal Frontage Line requirement. D. Certified Affordable Housing Developments shall not be subject to maximum lot area requirements. E. A proposed Certified Affordable Housing Development in any urban transect that meets the requirements and limitations contained in this Article 10 shall be permitted without need for additional approval, except where the property abuts a T3 transect, in which case a Waiver will be required to obtain a site plan approval. F. Certified Affordable Housing Developments in the T6 Transect Zone shall be exempt from complying with the requirements contained in Sections 5.6.1 (h) and 5.6.2 (b)(1, 2, 4 & 5), except when the development abuts a T3 transect, in which case a Waiver will be required to exceed the limitations or provisions contained in Sections 5.6.1 (h) or 5.6.2 (b) (1, 2,4 & 5). 10.4 Development Located In D-1 Work Place Transect Notwithstanding any contrary provision in Miami 21, and in place of and foregoing any bonuses provided in Sections 3.14 and 10.2, Certified Affordable Housing Developments may be developed in the D1 Transect at a density up to 125 units per acre. Such developments may be designed and built in accordance with the Building Configuration, Building Height and FLR regulations contained in the T6-8 Transect, as may be further modified by Section 10.3 and 10.3.1. A. Certified Affordable Housing Developments abutting two (2) or more Thoroughfares shall have only one (1) Principal Frontage and shall not be subject to a minimum Principal Frontage Line limitations contained elsewhere in Miami 21. B. Notwithstanding Section 7.1.2.4(c)(1), Certified Affordable Housing Developments in the D-1 Transect shall be approved by Warrant upon the Planning Director's finding that: 1) The proposed site's proximity to existing residential development or transect permitting residential uses at a comparable density makes it a logical extension of residential uses, or continuation of existing residential uses; and 2) Adequate services and amenities exist in the surrounding area to accommodate the needs ofpotential residents. 10.5 Parking Standards Parking requirements for Certified Affordable Housing Developments shall be reduced as follows: A. In general, Certified Affordable Housing Developments may be developed with a thirty-five percent (35%) reduction in parking otherwise required without need for additional approval. B. Certified Affordable Housing Developments which qualify as a Transit Oriented Development may be developed with an additional reduction of thirty percent (30%) of parking otherwise required without need for additional approval, except when the development abuts a T3 transect, in which case a Waiver will be required. C. Certified Affordable Housing Developments which do not qualify as a Transit Oriented Development may be developed with an additional reduction of up to fifteen percent (15%) of parking otherwise required, by process of Waiver, upon a showing that the reduction in off-street parking is justified in view of the nature and type of prospective occupancy and the economic circumstances involved, and that the impacts from such reduction are not likely to unduly burden traffic and parking facilities in the neighborhood. D. Developments providing Housing for the Elderly may be reduced by Waiver to provide a maximum of one (1) parking space per every two (2) dwelling units, upon a showing that the reduction in off-street parking is justified in view of the nature and type of prospective occupancy and the economic circumstances involved, and that the impacts from such reduction are not likely to unduly burden traffic and parking facilities in the neighborhood. E. The parking reductions above may be combined, however in no event may parking be reduced to lower than sixty-five percent (65%) of the spaces generally required. 10.6 Sustainable Building Requirements Instead of the regulations set forth in Sec. 3.13.1(b), Certified Affordable Housing Developments may elect to comply with the sustainability requirements promulgated by the Florida Housing Finance Corporation, or its successor agency, as may be amended from time to time. 10.7 City Commission Review Notwithstanding any contrary provision in this Miami 21 Code, the City Commission shall have original jurisdiction to hear: A. Application for any approval requiring a public hearing such as a Variance or Exception filed in connection with a Certified Affordable Housing Development. B. Any appeal of any administrative decision on a Waiver or Warrant application, or any other administrative decision pursuant to Miami 21, filed in connection with a Certified Affordable Housing Development. 10.8 Covenant in Lieu of Unity of Title Whenever a unity of title is required pursuant to Miami 21, a covenant in lieu thereof shall be acceptable for Certified Affordable Housing Developments located in the T4, T5, T6 or D 1 Transects, provided that said covenant in lieu meets the following requirements: (a) Where multiple buildings on a single site exist, or for properties which contain multiple owners on a single site, the city shall accept a covenant in lieu of unity of title as provided herein. The acceptance of said covenant shall require the approval of the directors of the public works, community planning and revitalization, and building and zoning departments or their designees or equivalents. The acceptance of a covenant in lieu of unity of title will not constitute a subdivision of land for purposes of this code. The directors or their designees shall evaluate the request for submittal of a covenant in lieu of unity of title and the information supplied with regard to its effect on the health, welfare and safety of the community. In evaluating the request, the directors or their designees may confer with representatives of other departments or agencies, as may be necessary. (b) If there is a negative effect on the health, welfare or safety of the community, the request for submittal of the covenant in lieu of unity of title shall be denied. (c) If there is no negative effect on the health, welfare, or safety of the community, the directors or their designees shall approve the covenant in lieu of unity of title. (d) In determining whether a negative effect on the health, welfare or safety of the community exists, the directors of the public works, community planning and revitalization and building and zoning departments shall review the effect of: (1) The ingress and egress to the subject property and structures with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or other emergency. (2) The offstreet parking and loading facilities as related to adjacent streets, with particular reference to automotive and pedestrian safety, convenience, internal traffic flow and control, arrangement in relation to access in case of fire or other emergency, and screening and landscaping. (3) The utilities of the subject property, and (4) The maintenance of the subject property. (e) The covenant in lieu of unity of title, approved for legal form and sufficiency by the city attorney, or his designee, shall run with the land and be binding upon the heirs, successors, personal representatives and assigns, and upon all mortgagees and lessees and others presently or in the future having any interest in the property. The covenant in lieu of unity of title shall contain the following elements: (1) That in the event of multiple ownership subsequent to the approval of the covenant in lieu of unity of title, each of the subsequent owners shall be bound by the terms, provisions and conditions of the covenant. The owner shall further agree that he or she will not convey portions of the subject property to such other parties unless and until the owners and such parties shall have executed and mutually delivered, in recordable form an instrument to be known as an "easement and operating agreement" which shall contain, among other things: (i) Easements in the common area of each parcel for ingress to and egress from the other parcels; (ii) Easements in the common area of each parcel for the passage and parking of vehicles; (iii) Easements in the common area of each parcel for the passage and accommodation of pedestrians; (iv) Easements for access roads across the common area of each parcel to public and private roadways; (v) Easements for the installation, use, operation, maintenance, repair, replacement, relocation and removal of utility facilities in appropriate areas in each such parcel; (vi) Easements on each such parcel for construction of buildings and improvements in favor of each such other parcel; (vii) Easements upon each such parcel in favor of each adjoining parcel for the installation, use, maintenance, repair, replacement and removal of common construction improvements such as footing, supports and foundations; (viii) Easements on each parcel for attachment of buildings; (ix) Easements on each parcel for building overhangs and other overhangs and projections encroaching upon such parcel from adjoining parcel such as, by way of example, marquees, canopies, lights, lighting devices, awnings, wing walls and the like; (x) Appropriate reservation of rights to grant easements to utility companies; (xi) Appropriate reservation of rights to road rights -of -way and curb cuts; (xii) Easements in favor of each such parcel for pedestrian and vehicular traffic over dedicated private ring roads and access roads; and xiii) Appropriate agreements between the owners of the several parcels as to the obligation to maintain and repair all private roadways, parking facilities, common areas and common facilities and the like. These provisions or portions thereof may be waived if approved by each of the directors of public works, community planning and revitalization and building and zoning, provided the provisions are inapplicable to the subject property. In addition, such easement and operating agreement shall contain such other provisions with respect to the operation, maintenance and development of the property as to which the parties thereto may agree, and such provision may be modified or amended by such parties (or the applicable association governing such parties) without approval or joinder by the directors of public works, community planning and revitalization and building and zoning departments, all to the end that although the property may have several owners, it will be constructed, conveyed and operated in accordance with an approved site plan. The multiple owners may, by mutual agreement, allocate among themselves and the parcels owned by them, set back, parking, open spaces, floor to area ratio and similar governmental requirements, and these allocations shall be honored in connection with requests for future site plan changes. (2) The covenant in lieu of unity title shall be in effect for a period of thirty (30) years from the date the documents are recorded in the public records of Miami -Dade County, Florida, after which time they shall be extended automatically for successive periods of ten (10) years unless released in writing by the owners, provided however, that with respect to any portion of the subject property or which a condominium, homeowners or other similar association then exists, the instrument of amendment, modification or release shall be executed by such association (in accordance with its governing documents) in lieu of the fee owners of such portion of the subject property, and except for modifications or amendments for which joinder as hereinafter provided is not required as aforestated, provided each of the directors of the public works, community planning and revitalization and building and zoning departments also execute the instrument of amendment, modification or release upon the demonstration and affirmative finding that the same is no longer necessary to preserve and protect the property for the purposes herein intended. Homes: derly :il be ,dated the nt that the h„ e he rket rate (a\ Appl: „t shad „bmit , ritte ertif:cation from the plicable cucv state -vim federal a charge ofthe program Planning Director that of ocationof'such housing the e stat„ of'a„tic .,tea o r,ts nd othe ertin t s ide atio occupants, visitors, and staff. h Parkin.. Red„ction for T o . Tncome Housing Development, may-be-aecommodated-in-the-event-that-the-housino-neeemes-maFket-rate Z The f flowing criteria shall a ply: �. aacv avcrv�ccaabvrrc (hl The Board its a sideration of'the a plication for Exception shall �c,r a.cc� ,..,vua as , detennine-and-make-a-findino-that-the-redoetion-in-Off-stfeet-Perking oeoupaney-and-the-esenomie-eirownstanees-involved—and-that-troffie-and Yarking problems r „lting from s ,ch red„ction wilt not , ,1 1 b d t ffi u: acaacb Yavvav (c) The Board shall part of its n „t of Exception cify that the City , L,..� a .v v aca ua , .siYuac uric , that traffe. and narking a nditionr together with : nct en 4be Neighborhood than as T o Income L7eue,:ng .,bieet to 411e Exception and limit.,tionz net frth in (a) above -,ess enel „ntil a erking requirements and all other requirements-er-limitatiens-ef4his-Gede-have-been-iiiet, Light Industrial: Areas designated as "Light Industrial" allow residential uses to a maximum density of 36 dwelling units per net acre or up to a maximum density of 125 dwelling units per net acre for an Affordable Housing Development certified by the City's Community Development Department as providing housing which meets the qualifications established by the applicable state or federal program. The nonresidential portions of developments within areas designated as "Light Industrial" allow a maximum floor lot ratio (FLR) of 10.0 times the net lot area of the subject property. * * * * * * * * Medium Density Multifamily Residential: Areas designated as "Medium Density Multifamily Residential" allow residential structures to a maximum density of 65 dwelling units per acre, subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. Affordable Housing Developments, certified by the City's Community Development Department as providing housing which meets the qualifications established by the applicable state or federal program, shall be allowed an increase in residential density of 30% above the residential density permitted in Medium Density Multifamily Residential. * * * * High Density Multifamily Residential: Areas designated as "High Density Multifamily Residential" allow residential structures to a maximum density of 150 dwelling units per acre, subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. Higher densities may be allowed as shown for these specially -designated areas: Little Havana Target Area 200 units per acre Southeast Overtown/Park West 300 units per acre Brickell, Omni, and River Quadrant 500 units per acre Affordable Housing Developments, certified by the City's Community Development Department as providing housing which meets the qualifications established by the applicable state or federal program, shall be allowed an increase in residential density of 30% above the residential density otherwise permitted in High Density Multifamil Residential and the specially -designated areas identified above.