HomeMy WebLinkAboutMemo From City ManagerCITY OF i\ IJAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable.Mayp9 and Members of the City Commission
FROM: Victoria N4e , City Attorney
DATE: February 8, 9
RE: February 14, 2019 Commission Meeting Agenda — Substitution of SR.1
Affordable housinz covenants
File No. 5194
item SR.1 on the February 14, 2019 City Commission Agenda is the second
reading of an ordinance that will create stronger enforcement mechanisms for restrictive
covenants associated with affordable or workforce housing. The item, as it appears on the
published agenda, inadvertently included language that was a directive to the
Administration as an amendment which was not discussed by the City Commission. The
item is being substituted to reflect this correction.
cc, Ernilio T. Gonzalez_, City Manager
Miriam Arcia, Agenda Coordinator
VMBLM'RFA
Note --00,1 A-Rocitz-q
9 K
City of Miami
Legislation
Ordinance:
City Hall
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
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 CE 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
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 relettared 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:
thria rdez, ity - ttor
2 This Ordinance shall become effective as specified herein unless vetted 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