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HomeMy WebLinkAboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. (1 9 K City of Miami Legislation Ordinance: City Han 3500 Pan American Drive Miami, FL 33133 unvw.rrtiamigov.ccm File Number: 5194 Final Action Date: AN ORDINANCE OF THE MIA,NI! CITY COIMIMISSION AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY BY ADDING ARTICLE XVII, TITLED ""COVENANTS FOR AFFORDABLE OR WORKFORCE HOUSING," TO INCORPORATE SPECIFIC ENFORCEMENT PROVISIONS, PENALTIES, AND REQUIREMENTS FOR RESTRICTIVE COVENANTS ASSOCIATED WITH AFFORDABLE OR WORKFORCE HOUSING THAT MAY PROVIDE PROPERTY OWNERS OR DEVELOPERS WITH DEVELOPMENT INCENTIVES OR BENEFITS; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE, SPONSOR(S): Mayor Francis X. Suarez, Commissioner Wifredo (Willy) Gort, Commissioner Kan Russell. Commissioner Joe Carollo, Commissioner Manolo Reyes, Commissioner Keon Hardemon WHEREAS. Chapter 62 of the Code of the City of Miami, Florida. as amended ("City Code"). titled `Planning and Zoning," establishes various boards and trust funds associated with planning and zoning and provides general rules and regulations regarding planning and zoning issues not within the scope of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, Article 2. Section 2.1.3.1(h) of the Miami 21 Code lists Affordable and Workforce Housing distribution throughout the City of Miami ("City') as a Guiding Principle; and WHEREAS, Affordable and Workforce Housing is of great significance to the City; and WHEREAS, the Miami 21 Code provides development incentives for developments that include Affordable and Workforce Housing, including those specified in Article 3, Sections 3.14, 3,15, and 3.16, of the Miami 21 Code, respectively titled "Public Benefits Program," "Affordable and Attainable Mixed -Income Housing Special Benefits Program Supplemental Regulations," and "Workforce Housing Special Benefit Program Supplemental Regulations;" and WHEREAS, these development incentives include bonus Height, Floor Lot Ratio ("PLR"), and Density as well as design standard modifications and parking reductions; and WHEREAS, the nature of the incentives and the importance of Affordable and Workforce Housing creates the necessity to include specific enforcement provisions, penalties, and requirements for noncompliance in the Declarations of Restrictive Covenants Running with the Land ("Covenants") that are associated with Affordable and/or Workforce Housing wherein the developer or property owner receives development incentives; and WHEREAS, providing specific enforcement provisions, penalties, and requirements will afford the City a specific and uniform process to handle noncompliance of Covenants associated with development incentives given by the City and discourage noncompliance of such Covenants; and City of Miami Page 1 of 3 File ID: 5194 (Revision: B) Printed On: 2/1112019 5194 Legislation -SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 5194 Enactment Number: WHEREAS, the City Commission Finds that it is in the best interest of the City and its residents to amend the City Code for the purposes stated herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Chapter 62, Article XVII, of the City Code is hereby amended in the following particulars:1 "CHAPTER 62 PLANNING AND ZONING ARTICLE XVII. COVENANTS FOR AFFORDABLE OR WORKFORCE HOUSING. Sec. 62- 663. Requirements, enforcement provisions, and penalties for restrictive covenants associa`ed with Affordable or Workforce Housnq related to development incentives. benefits. or bonuses. Enforcement of this Article shall be by Chapter 2, Article X of the City Code or any other remedies as provided by law and as further stated herein. All Covenants for Affordable or Workforce Housing that may be associated with develoor.ent incentives. benefits, or bonuses shall be subject to the following requirements, enforcement procedures. and penalties. This includes any Covenants associated with providing Affordable or Workforce Housing voluntarily proffered with a request for a change of zoning. 1. All such Covenants shall only be released after the initial required term according to the City Code or the Miami 21 Code, as applicable. by the City Commission at a publicly noticed hearingunless otherwise specified in the Covenant. Ail costs. expenses, and fees associated with releasing the Covenant at the publicly noticed hearing shall be the sole responsibility of the party requesting the release. 2. All such Covenants shall include a provision that requires each Affordable or Workforce Housing unit that is sold to include a deed restriction that the unit shall only be sold with a purchase cost equal to or less than the standards for those individuals whose income is at or below the Area Median Income (" AMI") as established in the Covenant and shall further indicate that the unit shall only be rented to individuals whose income is at or below the AMI as established in the Covenant. The deed restriction must specify the specific applicable AMI, 3. Any violation or noncompliance of the Covenant for Affordable or Workforce Housing shall be immediately referred to Code Compliance Department for enforcement proceedings, lien placement, and citations pursuant to Chapter 2, Article X of the City Code. 1 Wends 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. City of Miami Page 2 of 3 File ID: 5194 (Revision: 8) Printed on: 2/11/2019 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 5194 Enactment Number: 4. Any violation cr noncompliance of the Covenant for Affordable or Workforce Housing shall result in a monetary penalty to be deposited into the Affordable Housing Trust Fund. Such monetary penalty shall be assessed as a daily Fire of two hundred fifty dollars ($250.00) per day per violation until proof of compliance has been provided to the City. The monetary penalty shall net be subiect to mitigation or otherwise modified by any body including, but not limited, to Code Enforcement Board. 5, Any violation or noncompliance of the Covenant for Affordable or Workforce Housing shall be referred to the City Attarney's Office for enforcement, including but not limited to injunctive relief and/or any other remedies in law or equity. 6. The use of one remedy shall not preclude the use of another, 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 should 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 City Code, which provisions may be renumbered ❑r 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 thirty (30) days after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: tr'cria rdaz, ity - tior 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 Ccmmisson or upon the effective date stated herein, whichever is later. City of Miami Page 3 of 3 File ID: 5194 (Revision: B) Printed on: 2/11/2019 SUBSTITUTED City of Miami Legislation Ordinance File Number: 5194 Final Action ► ate: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTE .2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY BY ADDING ARTICLE XVII, TITLED "COVENANTS FOR AFFORDABLE OR WORKFORCE HOUSING," TO INCORPORATE SP IFIC ENFORCEMENT PROVISIONS, PENALTIES, AND REQUIREMENTS ' OR RESTRICTIVE COVENANTS ASSOCIATED WITH AFFORDABLE O" WORKFORCE HOUSING THAT MAY PROVIDE PROPERTY OWNERS OR DEV• OPERS WITH DEVELOPMENT INCENTIVES OR BENEFITS; MAKING FINDI ' S; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFEC E DATE. WHEREAS, Chapter 62 of the Code of the City of Miami, ' orida, as amended ("City Code"), titled "Planning and Zoning," establishes various board and trust funds associated with planning and zoning and provides general rules and regulati. s regarding planning and zoning issues not within the scope of Ordinance No. 13114, the Z. ing Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, Article 2, Section 2.1.3.1(h) of the iami 21 Code lists Affordable and Workforce Housing distribution throughout the City .f Miami ("City") as a Guiding Principle; and WHEREAS, Affordable and Workforce .using is of great significance to the City; and WHEREAS, the Miami 21 Code pro des development incentives for developments that include Affordable and Workforce Housi ;, including those specified in Article 3, Sections 3.14, 3.15, and 3.16, of the Miami 21 Code, rspectively titled "Public Benefits Program," "Affordable and Attainable Mixed -Income Housin Special Benefits Program Supplemental Regulations," and "Workforce Housing Special B: efit Program Supplemental Regulations;" and WHEREAS, these deve ipment incentives include bonus Height, Floor Lot Ratio ("FLR"), and Density as well design standard modifications and parking reductions; and WHEREAS, the n Housing creates the ne requirements for non Land ("Covenants" developer or pro ure of the incentives and the importance of Affordable and Workforce essity to include specific enforcement provisions, penalties, and mpliance in the Declarations of Restrictive Covenants Running with the at are associated with Affordable and/or Workforce Housing wherein the rty owner receives development incentives; and WHE AS, providing specific enforcement provisions, penalties, and requirements will afford the y a specific and uniform process to handle noncompliance of Covenants associate with development incentives given by the City and discourage noncompliance of such C• enants; and WHEREAS, the City Commission finds that it is in the best interest of the City and its idents to amend the City Code for the purposes stated herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami File ID: 5194 (Revision: A) Printed On: 2/5/2019 SUBSTITUTED Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Chapter 62, Article XVII, of the City Code is hereby amended in the follow! particulars: 1 "CHAPTER 62 PLANNING AND ZONING ARTICLE XVII . COVENANTS FOR AFFORDABLE OR WORKFOR HOUSING. Sec. 62- 663. Requirements, enforcement provisions, and penalties for estrictive covenants associated with Affordable or Workforce Housing related to developm- t incentives, benefits, or bonuses. Enforcement of this Article shall be by Chapter 2, Article X of th City Code or any other remedies as provided by law and as further stated herein. All Covenants for Affordable or Workforce Housing that incentives, benefits, or bonuses shall be subject to the f procedures, and penalties. This includes any Coven or Workforce Housing voluntarily proffered with a re 1. All such Covenants shall only be released City Code or the Miami 21 Code, as app noticed hearing, unless otherwise spe fees associated with releasing the C sole responsibility of the party req 2. All such Covenants shall includ Housing unit that is sold to inc a purchase cost equal to or is at or below the Area Me further indicate that the below the AMI as est. specific applicable I, 3. Any violation or n• compliance of the Covenant for Affordable or Workforce Housing shall be immediely referred to Code Compliance Department for enforcement proceedings, In placement, and citations pursuant to Chapter 2, Article X of the City Code. 4. Any violat''.n or noncompliance of the Covenant for Affordable or Workforce Housing shall re t in a monetary penalty to be deposited into the Affordable Housing Trust Fund. uch monetary penalty shall be assessed as a daily fine of two hundred fifty doll. s ($250.00) per day per violation until proof of compliance has been provided to the Ci . The monetary penalty shall not be subject to mitigation or otherwise modified by y body including, but not limited, to Code Enforcement Board. 5. Any violation or noncompliance of the Covenant for Affordable or Workforce Housing shall be referred to the City Attorney's Office for enforcement, including but not limited to injunctive relief and/or any other remedies in law or equity. be associated with development lowing requirements, enforcement is associated with providing Affordable uest for a change of zoning. fter the initial required term according to the cable, by the City Commission at a publicly ied in the Covenant. All costs, expenses, and venant at the publicly noticed hearing shall be the sting the release. provision that requires each Affordable or Workforce de a deed restriction that the unit shall only be sold with ss than the standards for those individuals whose income ian Income ("AMI") as established in the Covenant and shall it shall only be rented to individuals whose income is at or ished in the Covenant. The deed restriction must specify the 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. City of Miami File ID: 5194 (Revision: A) Printed On: 2/5/2019 SUBSTITUTED 6. The use of one remedy shall not preclude the use of another. 7. At any time during the term of a Covenant, an owner of property subject to such Covenant, such owner's mortgagee, a trustee under a deed to secure debt, or a prospective purchaser of such property may request in writing that the City provide to such owner, mortgagee, trustee, or prospective purchaser, within sixty (60) days fr. such written request, an estoppel letter or certificate stating whether such grope is in compliance with the terms and conditions of the applicable Covenant. In the e nt the City fails to deliver an estoppel letter or certificate to the requesting party as . oresaid, the owner shall be deemed to be in compliance with the applicable Coven . nt. All written requests for an estoppel letter or certificate hereunder shall be deliveren person to the Director of the Department of Housing and Community Development .r his or her designee, identifying the requesting party's contact information, th- .roperty address, and tax folio(s), along with a copy of the applicable covenant anhall be deemed made as of the date of delivery received. Section 3. If any section, part of a section, paragr..h, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisi : s of this Ordinance should not be affected. Section 4. It is the intention of the City C : mission that the provisions of this Ordinance shall become and be made a part . the City Code, which provisions may be renumbered or relettered and that the word ".rdinance" may be changed to "section", "article", or other appropriate word to accplish such intention. Section 5. This Ordinance s : I become effective thirty (30) days after final reading and adoption thereof.' APPROVED AS TO FORM ND CORRECTNESS: 12/4/2018 ndez, ity ttor 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. City of Miami File ID: 5194 (Revision: A) Printed On: 2/5/2019