HomeMy WebLinkAboutO-13645City of Miami
Ordinance 13645
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 1132 Final Action Date: 10/27/2016
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE IV/DIVISION 9 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, ENTITLED "ADMINISTRATION/DEPARTMENTS/COMMUNITY
AND ECONOMIC DEVELOPMENT DEPARTMENT", MORE PARTICULARLY
BY CREATING A CITY OF MIAMI ("CITY") RESIDENT PREFERENCE
REQUIREMENT FOR ALL DEVELOPMENTS RECEIVING FUNDS OR
BENEFITS FROM THE CITY TO DEVELOP AFFORDABLE OR WORKFORCE
HOUSING WITHIN THE CITY, AND CREATING A PREFERENCE TO CITY
RESIDENTS FOR RENTAL OR SALE OF THE AFFORDABLE AND
WORKFORCE HOUSING UNITS; CONTAINING A SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE.
SPONSOR(S): Tomas Regalado, Commissioner Frank Carollo, Commissioner
Francis Suarez
WHEREAS, the City of Miami ("City") is a recipient of funds from the United
States Department of Housing and Urban Development ("HUD") and the State Housing
Initiatives Partnership program ("SHIP") and maintains the City's own Affordable
Housing Trust Fund; and
WHEREAS, said funds are largely used to develop properties for affordable and
workforce housing; and
WHEREAS, the City has many planning, zoning, and building benefits available
to developers to incentivize the development of affordable and workforce housing within
the City, including but not limited to parking requirement exemptions, impact fee
deferrals, and building permit fee deferrals; and
WHEREAS, the City Commission finds that the need for affordable and
workforce housing by local residents residing in proximity to affordable and workforce
housing projects is greater than the supply; and
WHEREAS, the City Commission finds that its City residents are no longer
capable of affording to live within the same geographical location with the same means
as years before; and
WHEREAS, the City Commission finds that long-term residency is vital to an
engaged and healthy community; and
WHEREAS, the City Commission finds that City residents are currently facing a
housing crisis with some of the highest rents and sale prices in the nation; and
City of Miami Page 1 of 4 File ID: 1132 (Revision:) Printed On: 3/18/2025
File ID: 1132 Enactment Number: 13645
WHEREAS, the City Commission desires to assist its City residents in gaining
greater access to affordable and workforce housing situated near them; and
WHEREAS, the City Commission desires to assist its residents in maintaining
long-term residency by providing City residents preferences to all newly developed units
assisted with any City funds or benefits for purposes of the development;
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 and incorporated as if fully set forth in this Section.
Section 2. Chapter 2/Article IV/Division 9 of the Code of the City of Miami,
Florida, as amended, entitled "Administration/Departments/Community and Economic
Development Department", is further amended in the following particulars:1
*
Sec. 2-415. Notice.
"CHAPTER 2
ADMINISTRATION
ARTICLE IV. DEPARTMENTS
* * *
Prior to the initial leasing and/or sales period, developers shall deliver written notice to
the Directors of the Community and Economic Development Department and the
Planning and Zoning Department, respectively, simultaneous to their regular notices of
the availability of these affordable units so that City elected and appointed officials can
notify residents of the City of the availability of these units. The notice shall include the
number of available units, street address, and contact information for the development.
Sec. 2-416. Definitions.
Affordable Housing, solely for purposes of this Article, shall mean 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 30 percent to 80 percent of area median income
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.
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File ID: 1132 Enactment Number: 13645
as published annually by the United States Department of Housing and Urban
Development ("HUD").
City Resident(s), solely for purposes of this Article, shall mean an individual or
household which has resided within the City of Miami designated boundaries for the
immediate past twelve (12) consecutive months.
Preference, solely for purposes of this Article, shall mean the developer, manager,
operator, or owner of units shall make all reasonable efforts to first enroll eligible City
Residents prior to leasing or selling to non -City Residents. If there are no City
Residents available to lease or sell preference units, then the developer, manager,
operator or owner of the units may lease or sell units to non -City Residents.
Restricted Unit, solely for purposes of this Article, shall mean housing made only
available to individuals or household families which meet the income and sale/rent
qualifications respective to the applicable Area Median Income as published annually by
HUD.
Workforce Housing, solely for purposes of this Article, shall mean 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 80 percent to 140 percent of area median income
as published annually by HUD.
Sec. 2-417. City Resident Preference.
a. Affordable Housing Developments.
Affordable Housing developments receiving any City benefits, including but not
limited to financing, density bonuses, impact fee deferrals, parking waivers or
reductions, building permit fee deferrals, or any funds provided by the City,
regardless of the source of such funds, shall first provide City Residents Preference
to all Restricted Units, unless otherwise prohibited by law.
b. Workforce Housing Developments.
Workforce Housing developments receiving any City benefits, including but not
limited to financing, density bonuses, impact fee deferrals, parking waivers or
reductions, building permit fee deferrals, or any funds provided by the City,
regardless of the source of funds, shall first provide City Residents, or those
employed within the City's boundaries, Preference to all Restricted Units, unless
otherwise prohibited by law.
Sec. 2-418. City Sole Local Government Lender Preference.
Notwithstanding any of the provisions in this Article, developments in which the City is
the sole local government lender to develop Affordable Housing and/or Workforce
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Housing through financing, regardless of the source of said funds, shall provide City
Residents Preference to all Restricted Units of the development.
Secs. 2-44 19 - 2-435. Reserved.
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. This Ordinance shall become effective thirty (30) days after final
reading and adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor ey 10/18/2016
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.
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