HomeMy WebLinkAboutLegislation FR/SRFile Number: 15-01030
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
13/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "DEVELOPMENT IMPACT AND OTHER RELATED FEES/IN GENERAL,"
MORE PARTICULARLY BYAMENDING SECTIONS 13-5 AND 13-8, TO INCLUDE
THE DEFINITION OF WORKFORCE HOUSING AND ALLOWING WORKFORCE
HOUSING TO QUALIFY FOR THE AFFORDABLE HOUSING IMPACT FEE
DEFERRAL PROGRAM; CONTAINING A SEVERABILITY CLAUSE, AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, Chapter 13 of the Code of the City of Miami, Florida, as amended ("City Code")
allows for the deferral of impact fees due for new affordable housing units while those units remain
affordable; and
WHEREAS, in addition to affordable housing, the City Commission wishes to incentivize the
creation of workforce housing for those individuals whose income is between 80% and 140% of the
area's median income; and
WHEREAS, by allowing workforce housing units to qualify for the affordable housing impact
fee deferral program, it will incentivize the creation of same by lowering the barrier of entry for the
construction of new workforce housing units;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. Chapter 13 of the City Code is amended in the following particulars-, {I}
"CHAPTER 13
DEVELOPMENT IMPACT AND OTHER RELATED FEES
ARTICLE I. IN GENERAL
Sec. 13-5. Definitions.
As used in this article, the following words and terms shall have the following meanings, unless
another meaning is plainly intended:
Affordable housing shall mean, solely for purposes of this article, 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 as determined by the department of community and
�economic development in relation to the affordable housing and workforce housing. impact fee deferral
City of Main 1 Page I of 4 Elle Id. 15-01030 (Version: 1) Printed On., 91912015
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INDRA ma
Legislation
Miami, FL 33133
www.miamigov.com
Ordinance
File Number: 15-01030
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
13/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "DEVELOPMENT IMPACT AND OTHER RELATED FEES/IN GENERAL,"
MORE PARTICULARLY BYAMENDING SECTIONS 13-5 AND 13-8, TO INCLUDE
THE DEFINITION OF WORKFORCE HOUSING AND ALLOWING WORKFORCE
HOUSING TO QUALIFY FOR THE AFFORDABLE HOUSING IMPACT FEE
DEFERRAL PROGRAM; CONTAINING A SEVERABILITY CLAUSE, AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, Chapter 13 of the Code of the City of Miami, Florida, as amended ("City Code")
allows for the deferral of impact fees due for new affordable housing units while those units remain
affordable; and
WHEREAS, in addition to affordable housing, the City Commission wishes to incentivize the
creation of workforce housing for those individuals whose income is between 80% and 140% of the
area's median income; and
WHEREAS, by allowing workforce housing units to qualify for the affordable housing impact
fee deferral program, it will incentivize the creation of same by lowering the barrier of entry for the
construction of new workforce housing units;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. Chapter 13 of the City Code is amended in the following particulars-, {I}
"CHAPTER 13
DEVELOPMENT IMPACT AND OTHER RELATED FEES
ARTICLE I. IN GENERAL
Sec. 13-5. Definitions.
As used in this article, the following words and terms shall have the following meanings, unless
another meaning is plainly intended:
Affordable housing shall mean, solely for purposes of this article, 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 as determined by the department of community and
�economic development in relation to the affordable housing and workforce housing. impact fee deferral
City of Main 1 Page I of 4 Elle Id. 15-01030 (Version: 1) Printed On., 91912015
Re Number., 15-01030
program provided for in this article.
Workforce housing shall mean, solely for purposes of fihis Article, owner -occupied and/or rental
housing purchase cost value. or monthly rental, as applicable, equal to or less than the
aMunts established by the applicable standards for those individuals whose income is between !q%
LO
to 1 0°/a of area median income as determined by the Department of Communitv and Economic
Dgeyge lo affordable housing and workforce housing impact fee deferral program
Ment In relation to the afforg_
provided for in this Article.
Sec. 1398. Deferral of impact fees for affordable housing and workforce housing,;, --ate. WWalvers of
contributions into the Affordable Housing Trust Fund.
13-8.9 Deferral of impact fees for affordable housing,
(a) In order to encourage the provision and retention of affordable housing and workforce housing
for owner -occupancy and for rental, the city commission hereby establishes a program for the
deferral of impact fees due on affordable housing and workforce hgg§:JAn dwelling units
developed within the city. The city may require, under the program, annual reporting and any
other requirements deemed necessary or appropriate for participation in the affordable housing
and impact fee deferral program. An applicant shall submit a petition for
affordable housing and workforce housing deferral program determination under section 13-16
for a determination of eligibility under this program prior to or in conjunction with the submittal
of an application for a building permit. If the petition for affordable housing and workforce
hou in_qdeferral program determination Is submitted incomplete and/or too close in time
to
allow determination prior to Issuance of the building permit, then the total impact fees due shall
be paid prior to issuance of the building permit, and a petition for refund under subsection
13-16(d) may be submitted if the development is approved for the deferral program.
(b) Affordable housing or workforce housing impact fee deferral shall apply only to the dwelling
units that qualify as affordable housing or housing. Impact fees due on all portions of
the development that do not qualify for deferral shall be paid in full prior to issuance of a
building permit. A covenant running with the land or a deed restriction, shall be recorded on
each dwelling unit by the applicant, or by the current property owner if the applicant is not the
owner, which confirms to the requirements of the resolution establishing the affordable housing
and workforce _hoLtainq impact fee deferral program. The city may use all available legal
mechanisms for collection of the impact fees due. The covenant or deed restriction language
and form shall be acceptable to the office of the city attorney, which office may provide
standardized forms for use in the affordable housing and workforce housing deferral program.
Sec. 13-13. Administration of impact fee.
0
(f) Annual review and modification. The city, acting through appropriate staff or agents, shall
annually, no later than 120 days after the annual capital budget and capital improvements
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File Number., 16-01030
program adoption process, review the impact fee ordinance procedures, assumptions,
-formulas, benefit district and subdistrict designations, and fee calculations, and issue an annual
report, The first annual report shall be issued after September 2006, The annual report shall be
distributed to the city commission by the city manager. The annual report should, at a
minimum, include Information by individual benefit district or subdistrict for the fire -rescue
impact fee, on account balances, annual collections annual expenditures and system
improvement projects funded in whole or in part with impact fees. The annual report should
provide information on the number of owner -occupied units and rental units participating in the
affordable housing and workforce hog§Lnimpact fee deferral program, the number of units
q
added annually, and the number of units no longer meeting the affordable housing and
workforce housing deferral program criteria. The report should evaluate the effectiveness of the
deferral program encouraging the provision and retention of affordable housing and
workforce housing and the effect, If any, of the deferral program on the provision of Impact fee
funded public facilities. The annual report should present any recommendations related to the
impact fee system including but not limited to, the need for any updates to the impact fee
calculations district boundaries and ordinance. In reviewing the impact fee system, the city may
consider:
(1) Development occurring in the prior year;
(2) Construction of proposed public facilities;
(3) Changing facility needs;
(4) Inflation and other economic factors;
(5) Revised cost estimates for public facilities, land and/or improvements;
(6) Changes in the availability of other funding sources applicable to impact -fee -related capital
improvements; and
(7) Such other factors as may be relevant. The data in the annual report may be organized
based on the city's fiscal year or calendar year. Nothing in this article shall be construed
to limit the city commission's authority to amend this article at any time.
Sec. 13-16, Administrative procedures for petitions for impact fee determinations and affordable
housing and workforce housing deferrals, refunds and credits,
(a) Petition process.
(1) Petitions for an impact fee determination and affordable housing or workforce housing
impact fee deferral refund of impact fees and/or credit against impact fees shall be
submitted using the petition process, requirements and time limits provided herein. All
petition requests except petitions for, refunds under subsections (c) and (d), shall be
accompanied by a fee of $250.00. Any officer department board commission or agency
of the city (collectively referred to as city "entities") submitting a petition shall not be
required to pay said fee.
(c) Petitions for affordable housing and workforce housing deferral program determinations. Any
applicant for deferral of impact -fees pursuant to the affordable housing and workforce housing
impact fee deferral program established in section 13-8 shall submit a petition prior to or with
submittal of a building permit application. Failure to timely file a petition for affordable housing
and workforce hgusinq deferral program determination shall waive any right to participation in
the affordable housing and workforce housing deferral program. Such petition shall be on a
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form provided by the city and shall at a minimum include the following:
(1) A list of all affordable and workforce housing unit numbers by building with the total
number of dwelling units for each building and the anticipated sales price or rental
amount for each affordable housing unit.
(2) A list of all anticipated affordable and workforce_ housing unit owner names and current
addresses and other contact information. If such information is available, if the
information Is not available the petition may be processed without it.
(3) A covenant running with the land, previously recorded by the applicant in the public
records of the county for each affordable or workforce housing unit. The recorded
covenant shall be on a form provided by the city and shall be in a form acceptable to the
office of the city attorney. A deed restriction, in aform acceptable to the office of the city
attorney may be submitted in lieu of a covenant as long as It accomplishes the same
goal as the covenant.
(4) Any other information deemed relevant by city staff to a determination of eligibility under
the affordable housing and workforce housing deferral 0
p rai rogMM, inciudin
.criteria established In this article and the applicable city commission resolution.
(d) Petitions for refund of impact fees.
(1) The current owner of property on which an impact fee has been paid may apply for a
refund of such fee if the city has failed to appropriate or spend the collected fees by the
end of the calendar quarter immediately following. six years of the date of payment of
the impact fee, if the building permit for which the Impact fee has been paid has lapsed
-for noncommencement of construction, if the project for which a building permit has
been issued has been altered resulting in a decrease in the amount of the impact fee
due, or if the project has been approved for the affordable housing and workforce
hqgs Lin
A deferral program.
*IV
Section 2. 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 3. This Ordinance shall become effective immediately upon its adoption and signature
of -the Mayor,(21
,P)JROVE DASTOFGRMAN�CO RECTNESS:
VICTORIA I`flENIDEZ
I'l/l
CITY ATTORNEY
Alkz'
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.
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