HomeMy WebLinkAboutLegislation-SUBFile Number: 6194 Final Action [late:
AN ORDINANCE OF THE UTAN1I CITY COMMISSION ANIENDING 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: 5494 (Revislon: B) Printed On: 2/11/2019
5194 Legislation -SUB
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT
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City of Miami
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Legislation
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Ordinance:
File Number: 6194 Final Action [late:
AN ORDINANCE OF THE UTAN1I CITY COMMISSION ANIENDING 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: 5494 (Revislon: B) Printed On: 2/11/2019
5194 Legislation -SUB
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT
END OF THIS DOCUMENT.
File I�: 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;'(=OPCS 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 IcPs
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 Covenants 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 and/or Figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted
and unchanged material.
City of Nam Page 2 of 3 File !a: 5194 (Revision: 8) Printed on: 211112019
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT
END OF THIS DOCUMENT.
File iD: 5f94 Enactment vumt3er:
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:
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i�r?u z, ; 1 TW2013 ef ria E tdez. C ty A::cr�nay 2,1512019
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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 Commisson or upon the effective date stated
herein, whichever is later.
City of ,Ellam; Page 3 of 3 File ia: 5194 (Revision: B) Printed on: 2/41/2099
SUBSTITUTED
t4C/ t /A11E1 x City of Miami
ISE'S
Legislation
Ordinance
File Number: 5194
Final Action pate:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEN/SPIFIC
PTE 20F
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDE
SPECIFICALLY BY ADDING ARTICLE XVII, TITLED "COVEN
AFFORDABLE OR WORKFORCE HOUSING," TO INCORPOIFICENFORCEMENT PROVISIONS, PENALTIES, AND REQUIREORRESTRICTIVE COVENANTS ASSOCIATED WITH AFFORDAORKFORCE
HOUSING THAT MAY PROVIDE PROPERTY OWNERS OR ERS WITH
DEVELOPMENT INCENTIVES OR BENEFITS; MAKING FINDNTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFEC.
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 regula4ing
regarding planning and zoning
issues not within the scope of Ordinance No. 13114, the Z Ordinance of the City of Miami,
Florida, as amended ("Miami 21 Code"); and
WHEREAS, Article 2, Section 2.1.3.1(h) of th iami 21 Code lists Affordable and
Workforce Housing distribution throughout the City,/f Miami ("City") as a Guiding Principle; and
WHEREAS, Affordable and Workforce Vbusing is of great significance to the City; and
WHEREAS, the Miami 21Code 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, r spectively 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 pment incentives include bonus Height, Floor Lot Ratio
("FLR"), and Density as well X design standard modifications and parking reductions; and
WHEREAS, the n ure of the incentives and the importance of Affordable and Workforce
Housing creates/nonmpliance
ssity to include specific enforcement provisions, penalties, and
requirements for in the Declarations of Restrictive Covenants Running with the
Land ("Covenantare associated with Affordable and/or Workforce Housing wherein the
developer or proner receives development incentives; and
WHE,REAS, providing specific enforcement provisions, penalties, and requirements will
afford the CKy 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
4 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 followi
particulars:
"CHAPTER 62
PLANNING AND ZONING
ARTICLE XVII. COVENANTS FOR AFFORDABLE OR WORKFORCE HOUSING.
ments, enforcement provisions, and penalties
able or Workforce Housina related to develoor
bonuses.
Enforcement of this Article shall be by Chapter 2, Article X of t
remedies as orovided by law and as further stated herein.
incentives, benefits, or bonuses shall be subject 1
procedures, and penalties. This includes any Co
or Workforce Housing voluntarily proffered with a
1. All such Covenants shall only be releasec
IRWI&X911TUT21
Code or anv other
r1ts associated with providir
lest for a change of zoning.
r the initial reauired term ac
Affordable
City Code or the Miami 21 Code as appjcable by the Cit Commission ata publicly
noticed hearing, unless otherwise speggied in the Covenant. All costs expenses, and
fees associated with releasina the C venant at the oublicly noticed hearina shall be the
2. All such Covenan
Hous
a our
th
unit that is sold to inc
ual to or
rea MeA
stina the relea
fa provision that requires each Affordable or Workforce
ie a deed restriction that the unit shall only be sold with
than the standards for those individuals whose income
n Income CAW"
in t
below the AMI as estaAished in the Covenant. The deed restriction must soecifv the
specific applicable 41
3. Anv violation or ncZcor
4. Anv vio
Dliance of the Covenant for Affordable or Workforce Housi
M
or noncompliance of the Co%
a monetary oenalty to be de
nant for Affordable or Workforce Housi
into the Affordable Housina Trust
doll/s 250.00per day per violation until proof of compliance has been provided to the
CO. The monetaryPenaltyshall not be sub'ect to mitigation or otherwise modified b
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.
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 unchanaed material.
City of Miami File ID: 5194 (Revision: A) Printed On: 21512019
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
nrosnective purchaser of such Drooerty may reauest in writina that the Citv provi
such owner, mortgagee, trustee or prospective purchaser, within sixty 60 davs frcZn
such written request, an estoppel letter or certificate stating whether such properVis in
compliance with the terms and conditions of the applicable Covenant. In the e nt the
Citv fails to deliver an estormel letter or certificate to the requesting art as oresaid
the owner shall be deemed to be in compliance with the applicable Coven/ht All written
requests for an estoppel letter or certificate hereunder shall be delivere n person to the
Director of the Department of Housing and CommunitV Development/ his or her
designee, identifVing the requesting art 's contact information the/ropertV address
and tax folios along with a copV of the applicable covenant an hall 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 /"rdinance"
he City Code, which provisions may be
renumbered or relettered and that the womay be changed to "section",
"article", or other appropriate word to acc such intention.
Section 5. This OrdZNDCORRECTNESS:
I become effective thirty (30) days after final reading
and adoption thereof.2
APPROVED AS TO FORM
ria
i ria ndez, Cify Attor iey 2/5/2019
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: 2/512019