HomeMy WebLinkAboutMemo From City ManagerCITY DF NUAMI
OFFICE OF THE CITY" ATTORNEY
ivlE 1NIORANDU NI
TO: Honorable:.N.M and TMermbers ofthe City Commission
FROM: Victoria L 7,City Attorney
DATE: February 3, 9
RE: February 14, 2019 Commission Meeting Agenda -- Substitution of SR.1
Affordable housing covenants
File No. 5 194 v
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 amendznent which was not discussed by the. City Commission. The
item is being substituted to reflect this correction.
cc, Em, ilia T. Gonzalez_, City iVianager
Miriam Arcia, Agenda Coordinator
Vi�,LBLM'RFA
SIS' I (�w� Ci;;rGhq �HHcE+�
File Number: 6194
City of Miami
Legislation
Ordinance:
C,ty Hall
3500 Pan American Drive
Miami. FL 33133
uwvw.miamigov.ccm
Final Action [late:
AN ORDINANCE OF THE UTAMI CITY COIF MISSION AMENDING CHAPTER fit
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MORE
SPECIFICALLY BY ADDING ARTICLE XV11, TITLED "COVENANTS FOR
AFFORDABLE OR WORKFORCE HOUSING," TO INCORPORATE SPECIFIC
ENFORCEi1r1ENT 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 Wilfredo (Willy) Gort,
Commissioner Ken Russell, Commissioner Joe Carol lo, Commissioner Manolo
Reyes, Commissioner Keon Hardemon
WHEREAS, Chapter 62 of the Cede of the City of Miami, Florida. as amended ("City
C ode"). titled "Planning and Zoning," establishes various boards and trust funds associated with
planning and zoning and provrdes 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 Ccde 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 Niiar ii 21 Code, respectively titled "Public Benefits Program," "Affordable
and Attainable Nlixed-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 lncentives; 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
CityafAaml Page 4 of File ID: 5194 (Revislon: B) Printed On: 2/11/2019
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;
NO`N, THEREFORE, BE IT ORDXNED BY THE CITY CONIMISSION 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 612, Article XVII, of the City Code is hereby amended in the following
particulars:'
"CHAPTER 62
PLANNING AND ZONING
ARTICLE XVII . COVENANTS FCR AFFORDABLE OR'V, e1 7. R;'(=i]RCE HOUSING,
Sec. 62- 663. Requirements, enforcement provisions, and oenalties for restrictive covenants
assecia'ad with Affordable or Workforce Hous'nq related to development incertives. benefits, or
hnnI ISP -
Enforcement of this Article shall be by Chapter 2 Article X of the Cite Code or any other
remedies as provided by late and as further stated herein.
All Coverants for Affordable or Workforce Housing that may be associated with develoo,r ent
incentives, benefits or bonuses shall be subiect to the foilowin-q re uirements enforcement
procedures, and penalties This includes any Covenants associated with ProvidingAffordabie
or V'ior:Kforce Housing voluntarily proffered with a request for a change of zoning.
1. Ail such Covenants shall only be released after the initial re aired term accordin to the
Cit/ Code or the Miami 21 Code as applicable. by the Cit• Commission ata publiLly
noticed hearing. unless otherivise 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
Housirig unit that is sold to irciude a deed restriction that the unit shall or ly 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 "AMl" 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 AN]I as established in the Covenant. The deed restriction must s ecify the
specific applicable AMI,
3. Any violation or noncomoliance of the Covenant for Affordable or Workforce Housing
shall be rnr7edlately referred to Code Com liance Department for enforcement
proceedings, lien iacernent and cita`ions pursuant to Chapter 2, Article X of the City
Code.
' Werds and/or figures stricken through shall be deleted. Underscored �Nords andior 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 !a: 5194 (Revision: 8) Printed on: 211112019
File iD: 5194 Enactment number:
4. An violation or 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 rronetaCZ penalty shall be assessed as a daily Fire of two hundred fifty
dollars f $250.00) per day per violat'on until proof of compliance has been provided to the
Cit1. The monetar penalty shall nct be subiect to rniti aticn or otherwise modified by
any body including, but not limited, to Code Enforcement Board.
5, Any violation or r.oncomotiance of the Covenant for Affordable or Workforce Housinq
shall be referred to the Cit. Attorney's Office for enforcement including but not limited to
injunctive relies" and;or a^y other remedies in law orequity,
6. The use of ore remedy shall not preclude the use of another.
*„
Section 3. If any section, pari 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 Cite Commission that the provisions of this
Ordinance shall become and be rnade a part of the City Code, which provisions may be
renumbered or relet`ered and that the word "ordinance" may be changed to "section
"article", or other appropriate word to accompiish 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:
� � E
I P—
ria ?u z, i;il� for e f 121 I2U1 3 fir' ria E ndez, C ty A::cr�ney Z 5 2U 1
s �
A trria k . a� rar ey 2! 1112019
' This Ordirance 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 ,Ellam; Pane 3 of 3 File ia: 5194 (Revision: B) Printed on: 2/41/2099