HomeMy WebLinkAboutPre-LegislationFile ID: 6157 Final Action Date: 1/16/2019
A RESOLUTION OF THE MIAMI PLANNING ZONING AND APPEALS BOARD
RECOMMENDING APPROVAL OF AN ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, MORE SPECIFICALLY BY ADDING ARTICLE XVII,
ENTITLED "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.
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,
as amended ("Miami 21 Code"); and
WHEREAS, Article 2, Section 2.1.3.1(h), of the Miami 21 Code lists the distribution of
Affordable and Workforce Housing throughout the City of Miami ("City") as a guiding principle of
the City of Miami ("City"); 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 entitled "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 ("FLR"),
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 restrictive covenants running with the land ("Covenants")
that are associated with Affordable and 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 such Covenants
City of Miami Page 1 of 4 File ID: 5157 (Revision: A) Printed On: 113012019
City of Miami
City Hall
PZAB Resolution
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
10-R
Enactment Number: PZAB-R-19-003
File ID: 6157 Final Action Date: 1/16/2019
A RESOLUTION OF THE MIAMI PLANNING ZONING AND APPEALS BOARD
RECOMMENDING APPROVAL OF AN ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, MORE SPECIFICALLY BY ADDING ARTICLE XVII,
ENTITLED "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.
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,
as amended ("Miami 21 Code"); and
WHEREAS, Article 2, Section 2.1.3.1(h), of the Miami 21 Code lists the distribution of
Affordable and Workforce Housing throughout the City of Miami ("City") as a guiding principle of
the City of Miami ("City"); 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 entitled "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 ("FLR"),
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 restrictive covenants running with the land ("Covenants")
that are associated with Affordable and 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 such Covenants
City of Miami Page 1 of 4 File ID: 5157 (Revision: A) Printed On: 113012019
associated with development any incentives given by the City and discourage noncompliance
with the provisions therein; and
WHEREAS, the PZAB has conducted a public hearing on this proposed text amendment
to the City Code; and
WHEREAS, the PZAB has considered the relationship of the proposed amendment to
the goals, objectives and policies of the Comprehensive Plan, with appropriate consideration as
to whether the proposed change will further the goals, objectives and policies of the
Comprehensive Plan, the Miami 21 Code, and other City regulations; and
WHEREAS, the PZAB has considered the need and justification for the proposed
change, including changed or changing conditions that make the passage of the
proposed change necessary;
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. It is recommended that Chapter 62 of the Code of the City of Miami, Florida,
as amended, be amended by adding Article XVII, entitled "Covenants for Affordable or
Workforce Housing" in the following particulars:1
Section 3. At the public hearing on January 16, 2019 the PZAB recommended approval
with the following condition: A database of all affordable housing units be compiled by the City
of Miami for access to the public within one year of this ordinance.
"CHAPTER 62
PLANNING AND ZONING
ARTICLE XVII. COVENANTS FOR AFFORDABLE OR WORKFORCE HOUSING.
Sec. 62-663. Requirements, enforcement provisions, and penalties for restrictive covenants
associated with Affordable or Workforce Housing related to development incentives, benefits or
bonuses.
All Covenants for Affordable or Workforce Housing, as defined in Ordinance 13114, Miami 21
the zoning ordinance of the city, as amended, that may be associated with development
incentives, benefits, or bonuses shall be subject to the followinq requirements, enforcement
procedures, and penalties. This includes any covenants associated with providing Affordable or
Workforce Housing voluntarily proffered with a request for a rezoning.
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.
City of Miami Page 2 of 4 File ID: 5157 (Revision: A) Printed On: 9/3012019
(1) All such covenants shall only be released after the initial required term according to the
City Code or Miami 21, as applicable, by the City Commission, unless otherwise
specified in the covenant.
(2) All such covenants shall include the following:
(a) The specific Area Median Income limit applicable to the Affordable or
Workforce Housing unit.
(b) A provision requiring each Affordable or Workforce Housing unit that is sold
or conveyed 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 applicable Area Median Income as established in
the covenant.
(c) A provision requiring each affordable housing unit that is leased and/or rented
to individuals whose income is at or below the applicable area median
income, as established in the covenant, shall be subject to the provisions of
subsections (3) through (6) below.
(3) Any violation or noncompliance with the terms of the covenant shall be immediately
referred to Code Enforcement for enforcement proceedings, lien placements, and
citations pursuant to Chapter 2, Article X of this Code.
(4) Any violation or noncompliance of the terms of the covenant for shall incur a fine of two
hundred fifty dollars ($250.00) per day per violation until proof of compliance has been
provided to the City. Any fines collected pursuant to this Section shall be deposited into
the Affordable Housing Trust Fund as defined in Miami 21 and Chapter 62, Article XIV of
the City Code, as amended.
(5) Any violation or noncompliance of a 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.
(6) The use of one remedy to ensure compliance with a covenant for Affordable or
Workforce Housing shall not preclude the use of another.
*P,
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of
this Resolution is declared invalid, the remaining provisions of this Resolution should not be
affected.
Section 4. This Ordinance shall become effective immediately upon its adoption.
P, Cr
M1 of q01 zc,t--�cl,
Francisco Garcia, DirKor
Department of Planni
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
1� �1G
Execution Date
Personally appeared before me, the undersigned authority,rrN IZ , Clerk of the Planning, Zoning and Appeals Board of
the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution.
SWORN AND SUBSCRIBED BEFORE ME THISWDAY OF' �GV1, 204-B.
Print Notary Name No u li tate of Florida
City of Miami Page 3 of 4 File 1D: 5157 (Revision: A) Printed On: 113012019
Personally know V or Produced I.D. My Commission Expires:
Type and number of I.D. produced
Did take an oath or Did not take an oath
.o�y1C►/�1 SILVIAGONZALEZ
MY COMMISSION # GG 051561
EXPIRES: November 30, 2020
0V Bonded Thru Notary Public Underwriters
City of Miami Page 4 of 4 File ID: 5157 (Revision: A) Printed On: 113012019