Ordinance 2021-4416 Affordable Housing Land Use Fee Waivers
ORDINANCE NO. 2021-4416
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 118,
"ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE I, "IN
GENERAL," AT SECTION 118-7, "FEES FOR THE ADMINISTRATION OF
LAND DEVELOPMENT REGULATIONS," TO WAIVE LAND
DEVELOPMENT APPLICATION FEES FOR NON-ELDERLY AND
ELDERLY LOW AND MODERATE INCOME HOUSING; AND AMENDING
CHAPTER 122, "CONCURRENCY MANAGEMENT AND MOBILITY FEES,"
ARTICLE I, "PURPOSE AND GENERAL PROVISIONS," AT SECTION 122-
5, "EXEMPTIONS FROM CONCURRENCY MITIGATION AND MOBILITY
FEES," AND ARTICLE III, "MOBILITY FEES," AT SECTION 122-24,
"CALCULATION OF MOBILITY FEE," TO WAIVE CONCURRENCY AND
MOBILITY FEES FOR NON-ELDERLY AND ELDERLY LOW AND
MODERATE INCOME HOUSING; AND PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the Miami Beach 2040 Comprehensive Plan ("Comprehensive Plan"), at
Guiding Principle 6: Prioritize Workforce Housing, states that "[t]he City shall encourage
redevelopment that provides workforce and affordable housing"; and
WHEREAS,the Comprehensive Plan, at Goal HE 1:Equitable Community, states that the
City will "[s]upport vulnerable populations with attainable housing options that are proximate to
transportation services and basic needs to improve economic mobility within the community"; and
WHEREAS, the Comprehensive Plan, at Objective HE 1.1: Creation and/or preservation
of workforce and affordable housing, states that the City will "[h]ave available a minimum of 6,800
housing units of workforce, affordable low and moderate income households and special needs
populations during the period through 2030"; and
WHEREAS, the Comprehensive Plan, at Policy HE 1.1.3, requires that the City
"[c]ooperate with affordable and workforce housing developers' efforts to leverage Miami-Dade
Surtax funds and other financial incentives for the provision of housing affordable to workforce,
very low to moderate-income households, including those with special needs, in Miami Beach";
and
WHEREAS, the City of Miami Beach ("City") recognizes that incentives are necessary in
order to foster the development of affordable housing; and
WHEREAS, the City has the authority to enact laws which promote the public health,
safety, general welfare, and morals of its citizens; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the
above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. Chapter 118, "Administration and Review Procedures," Article I, "In General,"
is hereby amended as follows:
CHAPTER 118
ADMINISTRATION AND REVIEW PROCEDURES
ARTICLE 1. — IN GENERAL
Sec. 118-7. - Fees for the administration of land development regulations.
* * *
(e) Design review. Any applicant requesting a public hearing on any application for design
review board approval, pursuant to sections 118-253 and 118-254, shall pay, upon
submission, all the applicable fees in subsection (1)through (11) below:
* * *
(12) Notwithstanding the foregoing, the application fee for a public hearing and
application fee for design review approval per square foot of floor area shall be
waived for non-elderly and elderly low and moderate income housing
developments.
* * *
(g) Variances. Any applicant requesting a public hearing on any application pursuant to
section 118-353 shall pay, upon submission, the applicable fees in subsection (1) 11rough
(11) below:
* * *
(12) Notwithstanding the foregoing, the application fee for a public hearing and fee per
variance requested shall be waived for non-elderly and elderly low and moderate
income housing developments.
(h) Certificate of appropriateness. Any applicant requesting a public hearing on any
application pursuant to sections 118-562 through 118-564, shall pay, upon submission,
the applicable fees '• - - -- _ - _ - _ , below:
* * *
(13) Notwithstanding the foregoing, the application fee for a public hearing and
application fee for a certificate of appropriateness per square foot of floor area
shall be waived for non-elderly and elderly low and moderate income housing
developments.
2
SECTION 2. Chapter 122, "Concurrency Management and Mobility Fees,"Article I, "Purpose
and General Provisions," is hereby amended as follows:
CHAPTER 122
CONCURRENCY MANAGEMENT AND MOBILITY FEES
ARTICLE I.— PURPOSE AND GENERAL PROVISIONS
Sec. 122-5. - Exemptions from concurrency mitigation and mobility fees.
The following types of development are not required to undergo concurrency review or pay
a mobility fee pursuant to this chapter:
* * *
if Non-elderly and elderly low and moderate income housing.
SECTION 3. Chapter 122, "Concurrency Management and Mobility Fees,"Article III, "Mobility
Fees," is hereby amended as follows:
* * *
ARTICLE III. — MOBILITY FEES
* * *
Sec. 122-24. - Calculation of mobility fee.
(c) The adopted mobility fee for each land use category aye is set forth in "Schedule
A," below:
Schedule A- Mobility Fee
Mobility Fee Schedule Category/Land Use Type Unit of Measure Mobility Fee
Residential
* - * *
Affordable Non-elderly and elderly low and moderate Per unit $300
income housing $0.00
3
SECTION 4. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 5.CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained, that the provisions of
this Ordinance shall become and be made part of the Code of the City of Miami Beach, as
amended; that the sections of this Ordinance may be re-numbered or re-lettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 6. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 'Z day of /AV , 2021.
ATTEST: Dan Gelber, Mayor
Rafael E. ranado, City Clerk
• c,, APPROVED AS TO FORM AND
S ,jrr✓r_e'sr-'W; i
LANGUAGE AND FOR EXECUTION
I6!CCkP' ORk,TED
4 "ZI
'z; ;��' City Attorney 13k Date
First Reading: April 21, 2021
Second Reading: May 12, 2021
Verified By:
Thomas R. Mooney,'AICP
Planning Director
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T:Wgenda\2021\6_April 21\Planning\Affordable Housing Land Use Fee Waivers-First Reading ORD.docx
4
Ordinances - R5 G
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: May 12, 2021
2:00 p.m. Second Reading Public Hearing
SUBJECT:AFFORDABLE HOUSING LAND USE FEE WAIVERS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 118,
"ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE I, "IN
GENERAL," AT SECTION 118-7, "FEES FOR THE ADMINISTRATION OF
LAND DEVELOPMENT REGULATIONS," TO WAIVE LAND
DEVELOPMENT APPLICATION FEES FOR NON-ELDERLYAND ELDERLY
LOW AND MODERATE INCOME HOUSING; AND AMENDING CHAPTER
122, "CONCURRENCY MANAGEMENT AND MOBILITY FEES," ARTICLE I,
"PURPOSE AND GENERAL PROVISIONS," AT SECTION 122-5,
"EXEMPTIONS FROM CONCURRENCY MITIGATION AND MOBILITY
FEES," AND ARTICLE III, "MOBILITY FEES," AT SECTION 122-24,
"CALCULATION OF MOBILITY FEE," TO WAIVE CONCURRENCY AND
MOBILITY FEES FOR NON-ELDERLY AND ELDERLY LOW AND
MODERATE INCOME HOUSING; AND PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY,AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject Ordinance.
BACKGROUND/HISTORY
On October 20, 2020 the Affordable Housing Committee adopted a motion supporting
incentives for affordable housing. On November 18, 2020, at the request of Commissioner
Michael Gongora, the City Commission referred an item to the Land Use and Sustainability
Committee (C4E) regarding affordable housing incentives. On November 24, 2020 the LUSC
discussed the item and continued it to the January 20, 2021 meeting, with direction to the
Administration to prepare applicable ordinances and policy changes.
On January 20, 2021 the LUSC recommended that the attached draft Ordinance be referred to
the Planning Board. On February 10, 2021, at the request of Commissioner Michael Gongora,
the City Commission referred the item to the Planning Board (Item C4 A).
ANALYSIS
The October 20, 2020 motion of the Affordable Housing Committee supported the following
Page 369 of 859
incentives for affordable housing:
1. Expedite the building permit process.
2. Waive city land use board fees.
3. Waive city mobility fees.
Regarding incentive number 1, a separate Resolution, setting forth a policy to prioritize and
expedite the review of affordable housing permits, was approved by the City Commission on
February 10, 2021. For incentives 2 and 3, the attached Ordinance amending the applicable
sections of the Land Development Regulations (LDRs)is proposed.
The proposed Ordinance would modify section 118-7 of the LDR's to waive the application fee,
per square foot fee, and per variance fee for the Design Review Board, Historic Preservation
Board, and the Board of Adjustment for elderly and non-elderly low and moderate income
housing (affordable housing) applications. An applicant would still be responsible for fees
associated with public mail notice, public posting, advertisement, and couriers.
The modifications to Chapter 122 would waive applicable concurrency and mobility fees for
affordable housing projects. Under the proposed modification, such projects would not be
required to undergo a parks concurrency review and would be exempt from paying mobility
fees.
These proposals are consistent with the Goals, Objectives, and Policies of the 2040 Miami
Beach Comprehensive Plan that call for encouraging the development of affordable housing,
including the following:
Guiding Principle 6: Prioritize Workforce Housing — The City shall encourage redevelopment
that provides workforce and affordable housing.
Goal HE 1: Equitable Community — Support vulnerable populations with attainable housing
options that are proximate to transportation services and basic needs to improve economic
mobility within the community.
Objective HE 1.1: Creation and/or preservation of workforce and affordable housing — Have
available a minimum of 6,800 housing units of workforce, affordable low and moderate income
households and special needs populations during the period through 2030.
Policy HE 1.1.3: Cooperate with affordable and workforce housing developers' efforts to
leverage Miami-Dade Surtax funds and other financial incentives for the provision of housing
affordable to workforce, very low to moderate-income households, including those with special
needs, in Miami Beach.
PLANNING BOARD REVIEW
On March 23, 2021, the Planning Board held a public hearing and transmitted the ordinance to
the City Commission with a favorable recommendation by a vote of 7-0.
UPDATE
The subject Ordinance was approved at First Reading on April 21, 2021,with no changes.
SUPPORTING SURVEY DATA
Page 370 of 859
Improve and Expand Affordable Housing
CONCLUSION
The Administration recommends that the City Commission adopt the subject Ordinance.
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Planning
Sponsor
Vice-Mayor Michael Gongora
ATTACHMENTS:
Description
D Ordinance
Page 371 of 859