HomeMy WebLinkAboutCC 01-23-14 FR Legislation (Version 2)City of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-01348zt
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO.
13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING SECTION 3.15, ENTITLED "AFFORDABLE HOUSING SPECIAL
BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS", TO MODIFY THE
APPLICABILITY CRITERIA TO INCLUDE DEVELOPMENTS THAT PROVIDE
MIXED -INCOME IN THE RESIDENTIAL DENSITY INCREASE AREAS;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on November
20, 2013, following an advertised public hearing, adopted Resolution No. PZAB-R-13-060 by a vote of
eight to zero (8-0), item no. 2, recommending APPROVAL of the amendments as set forth; and
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114 the Miami
21 Code (" Miami 21 Code"), as the Zoning Ordinance of the City of Miami, Florida; and
WHEREAS, on May 12, 2011, the City Commission adopted Section 3.15 of the Miami 21
Code to facilitate affordable housing development by modifying architectural and design
standards; and
WHEREAS, the majority of existing and proposed affordable housing development are located
in neighborhoods that are removed from the major employment centers of the urban core of the
City of Miami ("City"); and
WHEREAS, the progressive thinking in affordable housing nationally is to favor mixed -income
development; and
WHEREAS, the City Commission is desirous of encouraging the inclusion of affordable housing
within the urban core in buildings serving a range of incomes that include market rate components;
and
WHEREAS, the City Commission, after careful consideration of this matter deems it advisable
and in the best interest of the general welfare of the City and its citizens to amend the Zoning
Ordinance as hereinafter set forth;
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. Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, is hereby
amended by making modifications to Article 3 in the following particulars {1}:
City of Miami Page 1 of 3 File Id: 13-01348zt (Version: 2) Printed On: 11/27/2013
File Number: 13-01348zf
"ARTICLE 3. GENERAL TO ZONES
3.15 AFFORDABLE HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS
3.15.1 As a pre -requisite to qualify as an Affordable Housing Development eligible for any of the
special benefits described in Section 3,15, an applicant shall submit to the Office of Zoning:
a. Certification by the City's Community Development Department that the proposed
Development will provide a minimum of eighty percent (80%) of the Dwelling Units
(Multi -family or Elderly) as Affordable Housing serving residents at or below sixty
percent (60%) of the area median income (AMI) as published by the United States
Department of Housing and Urban Development annually; or that the Development is a
mixed -income building providing at least fifty (50%) of the units as Affordable Housing
not restricted to elderly residents and is located within a Residential Density Increase
Area;
b. A recorded covenant running with the land acceptable to the City of Miami, confirming
the property will meet the criteria in subsection (a) above for a period of no less than
thirty (30) years from the date of the issuance of a final Certificate of Occupancy
*
Section 3. If any section, part of a section, paragraph, clause, phrase or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. It is the intention of the City Commission that the provisions of this Ordinance shall
become and be made a part of the Zoning Ordinance of the City of Miami, Florida, 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 5. This Ordinance shall become effective 30 days after final reading and adoption thereof.
{2}
APPROVEASTO FORM Nip CORRECTNESS:
VI '"ORIA M NDEZ
CITY ATTORNEY
City of Miami Page 2 of 3 File Id: 13-01348zt (Version: 2) Printed On: 11/27/2013
File Number: 13-01348zt
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
effective immediately upon override of the veto by the City Commission or upon the effective date
stated herein, whichever is later.
City of Miami Page 3 of 3 File Id: 13-01348zt (Version: 2) Printed On: 11/27/2013