LTC 072-2017 County Inclusionary Workforce OrdinanceMIAMI BEACH
OFFICE OF THE CITY MANAGER
NO. LTC ; 072-2017
LETTER TO COMMISSION
TO: Mayor Philip Levine and Members o the City Co jjmission
FROM: Jimmy L. Morales, City Manager
DATE: February 7, 2017
SUBJECT: County Inclusionary Workforce Ordin nce
The purpose of this Letter to Commission is to transmit the attached inclusionary zoning
(workforce housing) ordinance from Miami-Dade County as requested at the January 25th
Workforce/Affordable Housing Commission Workshop.
If you have any additional questions, please feel free to see me.
JLM/KGB/MLR
MEMORANDUM
Amended
Agenda Item No. 7(A)
DATE:
SUBJECT:
TO: Honorable Chairman Jean Monestime
and Members, Board of County Commissioners
FROM: Abigail Price-Williams
County Attorney
0#-16-138
December 20, 2016
Ordinance relating to zoning,
housing, and impact fees;
amending voluntary Workforce
Housing Development Program;
amending standards for
workforce housing units and
modifying density bonus and
development intensity standards;
amending requirements for
declarations of restrictive
covenants regarding workforce
housing units; providing for
deferral of road impact fees for
development of workforce
housing units; amending
eligibility requirements relating
to workforce housing
development program
administration; amending Article
XIIA of Chapter 33, Article IX
of Chapter 17, and sections 33-
6.1 and 33E-18 of the Code
The accompanying ordinance was prepared and placed on the agenda at the request of Prime Sponsor
Commissioner Barbara J. Jordan and Co-Sponsors Vice Chairman Esteban L. Bovo, Commissioner
Daniella Levine Cava, Commissioner Jose "Pepe" Diaz, Commissioner Sally A. Heyman, Chairman
Jean Monestime, and Commissioner Rebeca Sosa.
Abigail Price-Williams
County Attorney
APW/cp
Memorandum PRANK:ADE
CO% V
Fees Creating a !Mandatory Workforce
Date: December 20, 2016
To: Honorable Chairman Jean Monestime
and Members, Board of County Demissioners
From Carlos A. Gimenez
Mayor •
Subject: Fiscal Impact Statement for Ordinaric elating to Zoning, Housing, and Impact
ousing Development Program
The proposed ordinance relating to zoning, housing, and impact fees, creates a mandatory
Workforce Housing Development program; amends requirements for workforce housing units and
modifies density bonus and development intensity standards; amends requirements for
declaration of restrictive covenants regarding workforce housing units; provides for deferral of
road impact fees for development of workforce housing units; amends eligibility requirements
relating to Workforce Housing Development Program administration; amends Article >WA of
Chapter 33, Article IX of Chapter 17, and sections 33E-6.1 and 33E-18 of the Code.
The prOposed ordinance will have an estimated $287,000 fiscal impact to the Public Housing and
Community Development Department. It is anticipated that four positions, one Project Manager,
one Compliance Officer, one Homeownership Specialist, and one part-time Finance and Budget
Administrator will be required to support the functions necessary to administer this ordinance. The
Project Manager and Compliance Officer will be responsible for monitoring construction related
activities associated with the construction of required, Workforce Housing Units (WHUs) for new
residential developments countywide, as well as monitoring Income eligibility and restrictive
covenant requirements throughout the life of both homeownership and rental developments, One
Homeownership Specialist is needed to provide the required Income eligibility certification to all
potential WHU homebuyers and renters, in addition to monitoring sale and resale activity in for
purchase developments to ensure compliance with maximum sales price and shared equity
provisions contained, in the ordinance, A part-time Finance and Budget Administrator is required
to pprform necessary research and analyze market data relative to construction costs for both
residential for sale" and rental housing. This analysis will be used to monitor the impacts of the
ordinance on the residential development industry in the County, as well as assist in the annual
review of the maximum sales price and payment in lieu of developing WHU provisions.
The proposed ordinance will have an estimated $158,000 fiscal impact on the Department of
Regulatory and Economic Resources. it is anticipated that two positions, one Senior Planner and
one Zoning Services Senior Plans Processor, will be required to support, the functions necessary
to administer this ordinance. The Senior Planner will be responsible for reviewing the applications
subject to the mandatory workforce housing program submitted to the Development Services
Division and ensuring they meet the requirements of the code, as well as drafting and
coordinating the review and approval of necessary covenants. The Zoning Services Senior Plans
Process will reconcile Chapter 33-related workforce housing requirements on projects against
covenants when a developeriereperty..oweee seeke e_ building_ permit—. ma.. Department_ of.
Regulatory and Economic Resources will also require programming changes to its permitting and
Impact fee systems, whicl-r can be accommodated in its existing service level agreement with the
information Technology Department, but will need a minimum of six (6) to nine (9) months to
implement
Honorable Chairman Jean Monestime
and Members, Board of County Commissioners
Page 2
In addition, the implementation of this ordinance will allow for the deferral of 90 percent of the
assessed road impact fees originating from workforce housing/units for a two-year period. This
deferral may require adjusting the timeline on capital projects currently funded by road impact fee ,
revenues to accommodate the impact of the deferral.
The forecast of expenditures included in the attached table assumes a five percent annual
inflationary increase for both salary and fringes, a three percent increase for operating expenses
and are subject to change. The estimated expenses could be funded by the revenues deposited
in the Affordable Housing Trust Fund pursuant to this ordinance subject to the five (6) percent cap
for administrative expenses and departmental proprietary revenues. This expense is not part of
the FY 2019.17 Adopted Budget.
Attachme
Jack Osterholt.
Deputy Mayor
FIS09216 16i255
WORKFORCE HOUSING Fiscal impact Table Use Existing _ Resources Revenue Category Value Year 1 Future Yr 1 Future Yr 2 Future Yr 3 Future Yr 4 Future Yr 5 Yes No - General Fund * ' Proprietary $ 445,745 $ 445,745 $ 467,761 $ 490,868 $ 515,123 $ 540,582 $ 557,305 X Federal Funds State Funds _1 . Interagency Transfers Subtotal $ 445,745 $ 445,745 $ 467,761 $ 490,868 $ 515,123 $ 540,582 $ 567,305
Expenditure Category
Operating V .
Salary $ 350,029 $ 350,029 $ 367,530 $ 385,907 $ 405,202 $ 425,462 $ 446,735
Fringes $ 82,117 82,117 $ 86,223 $ 90,534 $ 95,050 $ 99,813 $ 104,504
Court Costs . •.. ---- ,
Contractual Services _
, Charges for County Services i
- Other Operating $ 13,600 $ 13,600 $ 14,008 $ 14,428 $ 14,861 $ 15,307 . 15,766
Grants to Outside OrganizatiOns-
Capital
. Subtotal $ 445,745 $ 445,745 $ 467,761 $ 490,868 $ 515,123 $ 540,582 $ 567,305
Non-Operating V .
Debt Services
Distribution of Funds In Trust
Transfers
Depreciation, Amortization, and Deletions
Subtotal $ -- $ , $ - $ - $ - $ - $ -
Grand Total $ 445,745 $ 445,745 $ 467,761 $ 490,868 $ 515,123 $ 540,582 $ 567,305
Note: Fiscal impact narrative (paragraph above the tab e) should contain the following, if applicable:
1. Description of the anticipated increase or decrease of expenditures Listed above and current and subsequent fiscal years, if any,
2_ Description of projected dollar value of anticipated expenditures that will be absorbed within existing resources within the current fiscal year,
3. Description of subsequent governmental action that will be required in order to determine anticipated revenues and expenditures,
Including new revenues (federal, state, or the need to increase existing fees)
4. Any Iong-term fiscal implications as a result of the implementation of the proposed legislation, if any, in cases where risk factors or other variables that
may impact future revenues or expenditures are uncertain, volatile, or difficult to project, a description of risk factors or variables and estimate or
projection of anticipated or projected impacts to revenues and expenditures
5_ Description of all assumptions used to project the fiscal impact of the proposed legislation and include estimate anticipated revenues and expenditures
6. In the cases where the Mayor has determined a "no fiscal impact', a description of the assumptions and analysis used to reach that
conclusion
Memorandrn u 'cZTra
Date: December 20, 2016
To: Honorable Chairman Jean Monestime
and Members, Board of Count missioners
From: Carlos A. Gimenez
Mayor
Subject: Social Equity Statement for Ordinan Relating to Zoning, Housing, and Impact
Fees; Creating a Mandatory Workforc Housing Development Program
The proposed ordinance relating to zoning, housing, and impact fees, amends a voluntary
Workforce Housing Development program to make it mandatory; amends requirements for
workforce housing units and modifies density bonus and development intensity standards;
amends requirements for declaration of restrictive covenants regarding workforce housing units;
provides for deferral of road Impact fees for development of workforce housing units; amends
eligibility requirements relating to Workforce Housing Development Program administration;
amends Article MIA of Chapter 33, Article IX of Chapter 17, and Sections 33E-6,1 and 33E-18 of
the Code. The ordinance applies to municipalities, which may comply through adoption of
appropriate legislation assessing workforce housing needs within their jurisdictions and adopting
legislation, If necessary, to address the needs as assessed by the municipality.
The proposed ordinance makes mandatory and amends certain provisions of this County's
existing voluntary workforce housing development program. The County's existing ordinance is a
local form of what Is knovvn_throughout the nation as an inclusionary zoning policy.
The proposed ordinance, like the existing voluntary program, applies to developments of 20 or
more units and mandates a minimum of 10 percent of units be set aside for workforce housing,
with a corresponding 15 percent density bonus. The density bonus increases as the number of
workforce units increases; for every one percent increase In workforce units, applicants receive an
additional one percent density bonus, up to a maximum density bonus of 25 percent. The
minimum workforce units set aside in the existing voluntary ordinance varies from 5 to 20 percent
based on Comprehensive Development Master Plan (COMP) designations, with a variable
corresponding density bonus of up to 25 percent.
The existing voluntary ordinance's definition of workforce households is redefined through this
proposal to apply to incomes ranging from 60 percent (rather than 55 percent) to 140 percent of
area median family Income (AMI). (For a family of four this would mean an annual income range
would be from $42,600 to $99,400.) The proposed ordinance also requiree that no less than 50
percent of the workforce units must target the 60 to 79 percent income range. Additionally, the
proposed ordinance applies to projects of 20 units or more expanding their existing structure by
more than 50 percent,
Both through the existing voluntary program and the proposed mandatory ordinance, in lieu of
providing workforce units, developers may 1) contribute to the Affordable Housing Trust Fund (to
be maintained in a fund dedicated to workforce housing construction), 2) construct the workforce
units offsite within a certain radius of the original project, or 3) a combination thereof. As in the
voluntary program, the proposed ordinance requires a 20 year covenant to preserve affordability.
An impact fee deferral on workforce units is also offered through the proposed ordinance for a
period not to exceed two years, which Is not offered through the current voluntary program.
Honorable Chairman Jean Monestime
and Members, Board of County Commissioners
Page 2
Unlike the existing voluntary program, projects under this mandatory proposal will be approved
through an Administrative Site Plan Review Process instead of a public hearing. .
Changes to Chapter 17 of the code specify how the Public Housing and Community Development
Department (PHCD) will administer this program, and to facilitate eertain program elements
related to financing from the Federal Housing Administration or other lenders.
The proposed ordinance is anticipated to benefit residents. in Miami-Dade County considered
"workforce" residents with incomes ranging from 60 to 140, percent median family income by
providing a mechanism for the development of workforce housing Units in certain for sale and
rental residential developments countywide. An increase in the number of workforce housing
units may lead to a decrease in the total number of area cost-burdened households, meaning
households that utilize more than 30 percent of their Income on housing costs; however, that
decrease will depend on many factors, including the number of units built in comparison to the
actual need, growth in income and wage levels, cost of living, cost of land and construction,
among other factors. The density bonuses offered under the proposed ordinance will allow for
more.units to be built, which could have a positive impact on the affordability of all units assuming
developers are able to avail' themselves of their full production. However, if the development
community Is unable to maintain its production rate, the ordinance could result in a social equity
burden for both the development community and residents in other income brackets, particularly if
local housing market prices are adversely affected under a scenario of constrained production.
Jac Osterholt
Deputy Mayor
IVIEMORANDITIVI
(Revised)
TO: Honorable Chairman Jean Monestime
and Members, Board of County Commissioners
DATE: December 20, 2016
Amended
SUBJECT: Agenda Item No. 7 (A) FROM: Jbig. Syr rice-
C oun ttomey
Please note any items checked.
"3-Day Rule" for committees applicable if raised
6 weeks required between first reading and public hearing
4 weeks notification to municipal officials required prior to public
hearing
Decreases revenues or increases expenditures without balancing budget
Budget required
Statement of fiscal impact required
Statement of social equity required
Ordinance creating a new board requires detailed County Mayor's
report for public hearing
No committee review
Applicable legislation requires more than a majority vote (i.e., 213's
3/5's , unanimous ) to approve
Current information regarding funding source, index code and available
balance, and available capacity (if debt is contemplated) required
Approved
Veto
Override
Mayor
Amended
Agenda Item No. 7(A)
12-20-16
ORDINANCE NO. 0#-16-138
ORDINANCE RELATING TO ZONING, HOUSING, AND
IMPACT FEES; AMENDING VOLUNTARY WORKFORCE
HOUSING DEVELOPMENT PROGRAM; AMENDING
STANDARDS FOR WORKFORCE HOUSING UNITS AND
MODIFYING DENSITY BONUS AND DEVELOPMENT
INTENSITY STANDARDS; AMENDING REQUIREMENTS
FOR DECLARATIONS OF RESTRICTIVE COVENANTS
REGARDING WORKFORCE HOUSING UNITS;
PROVIDING FOR DEFERRAL OF ROAD IMPACT FEES
FOR DEVELOPMENT OF WORKFORCE HOUSING UNITS;
AMENDING ELIGIBILITY REQUIREMENTS RELATING
TO WORKFORCE HOUSING DEVELOPMENT PROGRAM
ADMINISTRATION; AMENDING ARTICLE XIIA OF
CHAPTER 33, ARTICLE IX OF CHAPTER 17, AND
SECTIONS 33E-6.1 AND 33E-18 OF THE CODE OF MIAMI-
DADE COUNTY, FLORIDA; PROVIDING SEVERABILITY,
INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MIAMI-DADE COUNTY, FLORIDA:
Section 1, Chapter 33, Article XXIIA of the Code of Miami-Dade County, Florida,
is hereby amended to read as follows:I
ARTICLE XIIA. WORKFORCE HOUSING
DEVELOPMENT PROGRAM
Sec. 33-193.3. - Short title,
This article shall be known as the "Workforce Housing
Development Program of Miami-Dade County, Florida."
Words stricken through and/or [[double bracketed]] shall be deleted. Words
underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining
provisions are now in effect and remain unchanged.
Amended
Agenda Item No. 7(A)
Page 2
Sec. 33493.4. - Legislative intent, findings, and purpose.
A. Need for workforce housing in Miami-Dade County. The
health, safety, and welfare of the present and future
residents of Miami-Dade County depend on the availability
of a range of housing choices affordable to persons and
families of all income levels in all areas of , Miami-Dade
County >>in both the incorporated and unincorporated
areas<<. [[Current]] >>As of 2007, when the Board of
County Commissioners adopted Ordinance No. 07-05 to
establish a volunt workforce housin' develo ment
program ("WHO program" or Workforce Housing
Development Program"), << patterns of development
[[haw3]] >>had<< resulted in a persistent shortage of
housing for certain sectors of the community. >>Since
then, the shortage has increased.<< Studies of market
demand show that [[fer-t
50% of the ne v]] >>the<< labor force in Miami-Dade
County [[will]] >>continues to<< require moderately
priced housing units. Currently, there .exists in Miami-Dade
County a shortage of housing affordable to individuals and
families of moderate incomes, particularly those whose
earnings range from >>60 percent up<< [[6-5-94]] to
140[[%]]>>percent<< of the County's median income, the
"workforce target income group." The workforce target
income group includes many public employees and others
employed in key occupations that support the local
community. Increasingly, the high cost and short supply of
housing affordable to persons and families of moderate
income mean that many employees in the workforce target
income group cannot afford to live in Miami-Dade County,
while others can only afford to live in areas concentrated
according to price and income level.
The uneven distribution of moderately-priced housing
results in additional. stratification of housing according to
price and income level. It is in the best interests of the
public health, safety, and welfare of the present and future
residents of Miami-Dade County to reduce or eliminate
such economic . stratification by adopting land use
regulations that encourage development of land available
for residential use in Miami-Dade County in a manner that
emphasizes integratiOn of new housing for individuals and
families in the workforce target income group into new,
expanding, or redeveloping neighborhoods.
9
Amended
Agenda Item No, 7(A)
Page 3
The uneven geographic distribution of housing affordable
to the workforce target income group, as well as the
distance between jobs and available housing, also increase
traffic congestion and decrease economic productivity.
Traffic and roadway congestion in turn adversely affect the
environment and diminish air quality, increasing the burden
on the public health care system and resulting in rising
health care costs. The public health, safety, and welfare of
the present and future residents of Miami-Dade County can
best be protected by adopting laud use policies to ensure
that housing affordable to the workforce target income
group is distributed throughout the county near workplaces,
rather than being concentrated in enclaves separate from
jobs and higher-priced housing.,
The Florida Growth Management Act requires Miami-Dade
County to adopt a comprehensive plan to guide future
development and growth, including a housing element
consisting of standards, plans, and principles to be followed
in the provision of housing for all current and anticipated
future residents. Exercising the authority conferred by the
Miami-Dade County Home Rule Charter, and in
furtherance of the Growth Management Act, the Board of
County Commissioners has adopted the Comprehensive
Development Master Plan ("CDMP"), including a housing
element which establishes goals, objectives, and policies to
ensure the provision of all variations of affordable housing
products to meet the spatial and economic necessities of all
current and future residents regardless of household type or
income.
B. • Causes and consequences of lack of sufficient workforce
housing supply. In order to assess the extent of the housing
shortage, identify the most severely affected sectors of the
community, and ascertain the need for a workforce housing
development program, the Board of County Commissioners
established a task force consisting of county housing,
zoning, and planning professionals, and representatives of
the private, for-profit, development community. The
mission of the task force was to analyze the current and •
anticipated future make-up of Miami-Dade County's
workforce and population, the geographic distribution of
moderately-priced housing, historical and current patterns
of development applications and approvals, the distance
between jobs and housing for the Workforce target income
group, the overall impact of the housing shortage on the
economy of Miami-Dade County, and the adverse
consequences failure to act would have on the health,
Amended
Agenda Item No. 7(A)
Page 4
safety, welfare, comfort, and convenience of the present
and future residents of Miami-Dade County. The need for
the workforce housing development program as identified
by the task force is the result of a variety of factors,
including, but not limited to, those noted below. >>Sinee
the task force concluded its analysis in 2007, various
studies have demonstrated the continued need for a
workforce housing development program.<<
(1) Increasing population pressure. Miami-Dade
County, in both the incorporated and
unincorporated areas, [[: .
>>continues to experience an<< increase in the
numbers of residents in the workforce target income
group, including persons with fixed or reduced
incomes, young adults forming new households,
Minority households, single adults, and many public
employees and others in key occupations serving
the entire community including teachers, police and
public safety personnel, health care workers and
mid-level management workers. Studies show that,
as a result of this population increase, for the
foreseeable future of the new labor force in Miami-
Dade County will require workforce housing.
(2) Cost burdens. >>Since 2007, households<<
[[Households]] in Miami-Dade County >>have
continued to<< suffer from a high and increasing
housing cost burden. Households have traditionally
been regarded as "cost burdened" if they spend
more than 30[[%]] >>percent<< of their gross
income on housing costs. pn-Miarni Dade County;
nearly 51% of all renter h
occupied wilts, more than 36% -of all households
pay more-than 30% of their income on housing:1]
(3) Inadequate housing supply for the workforce target
income group. Current patterns of development, the
costs of acquiring land suitable for residential
development, and the disposition of remaining
developable land have resulted in an abundance of
higher-priced housing and a shortage of housing
economically attainable by the workforce target
income group. With the exception of housing
developed with .government subsidies, privately
developed new residential housing being built in
Miami-Dade County generally is not affordable to
the workforce target income group. Experience
1 \
,Amended
Agenda Item No. 7(A)
Page 5
indicates that state and federal funds for the
construction of affordable housing will not address
the housing needs of the workforce target income
group.
(4) Overcrowding. Overcrowding is a major problem in
Miami-Dade County. The problem is acute in low
to moderate income households and households in
the workforce target income group. Pinalyses
Indic: 0
(5) Concentration of housing based on economic status.
DemographiC analyses indicate that development
applications and approvals that reduce the supply of
land developable for residential use, and which
result in a disproportionate amount of higher-priced
housing, result in a reduced supply of housing for
individuals and families in the workforce target
income group, including young families, retired and
elderly ,persons, single adults, female heads of
houses, and minority households. Such
development activity produces the undesirable and
unacceptable effect of concentrating housing,
according to price, thus frustrating the policies and
goals of the housing element of the CDMP, and
increasing the threat to the public health, safety,
welfare, comfort, and convenience of the present
and future residents of Miami-Dade County.
(6) Need for involvement of private development
community. Existing efforts to encourage private,
for-profit, developers to construct housing within
the economic reach of the workforce target income
group>›, including the voluntary workforce
housing development program established in
Ordinance No. 07-05,<< have met with very limited
success. It is apparent that the need for housing for
the workforce target income group can only be
addressed if the responsibility for ensuring a diverse
and adequate supply of housing is shared by Miami-
Dade County, and the private, for-profit,
development community.
Amended
Agenda Item No. 7(A)
Page 6
C. Authority to establish and administer a workforce housing
development program. The Miami-Dade County Home
Rule Charter specifically authorizes the Board of County
Commissioners to prepare and enforce comprehensive
plans for the development of Miami-Dade County in the
incorporated and unincorporated areas, to establish,
coordinate, and enforce such zoning regulations as are
necessary for the protection of the public, to exercise all
powers and privileges granted to municipalities, counties
and county officers by the Constitution and laws of the
State, to exercise all powers not .prohibited by the
Constitution or by the Charter, and to perform any other
acts consistent with law which are required by the Charter
or which are in the common interest of the people of the
County. The awed
. . e
of]] Miami-Dade County >>Workforce Housing
Development Program<< is declared to be a proper and
necessary exercise of the powers conferred upon the Board
of County Commissioners for the protection of the health,
safety, welfare, comfort, and convenience of the present
and future residents of Miami-Dade County.
Consistent with the goals, objectives, and policies of the
land use and housing elements of the CDMP, the objective
of the [[workforce housing • development pro-gr-affd}
>>Workforce Housing Development Program<< is to
increase the supply of housing affordable to the workforce
target income group, and to address many of the problems
associated with the short supply of housing affordable to
the workforce target income group and with the uneven,
poor geographic distribution of such housing throughout
Miami-Dade County. Through utilization of a combination
of density bonuses, relaxation of intensity standards,
flexible design criteria, and other incentives, the workforce
housing program established herein will help alleviate the
existing housing shortage by making it more feasible for
the private, for-profit, development community to create
and deliver a greater number of housing units affordable to
the workforce target income group. Dispersal of workforce
housing units throughout this cormnunity will avoid
overconcentration of such housing.
Amended
Agenda Item No. 7(A)
Page 7
D. Joint effort of private development community, public
sector, and not-for-profit sector. It is the further intent of
the Board of County Commissioners that [[workforce
housing development-program]] >>the Workforce Housing
Development Program<< established herein will foster and
encourage the private, for-profit, development community
to join with the public sector and the nonprofit sector to
further the goal of meeting the housing needs of the
workforce target income group.
E. Adoption of legislative intent, findings and purpose. The
foregoing statements are declared to be the legislative
intent, findings and purpose of the Board of County
Commissioners and are hereby adopted and made a part
hereof.
Sec. 33493.5. - Adoption of land use regulations and
procedures for operation of Miami-Dade County's Workforce
Housing Development Program >>; conflicts with other
regulations<<.
The Board of County Commissioners hereby adopts land use
regulations and procedures >>for the incorporated and
unincorporated areas<< for the operation of the Miami-Dade
County [[workforce hou ]] >>Workforce
Housing Development Program<<. The [[workforce housing
]] >>Workforce Housing Development
Program<<, including all land use regulations and operating
procedures, is deemed to be essential to assure the protection of the
public health, safety, welfare, comfort, and convenience of the
present and future residents of Miami-Dade County. All land use
regulations adopted in connection with the [[werkforce housing
development program]] >>Workforee Housing Development
Program<< shall be supplemental to existing zoning on affected
properties and shall be construed to be consistent therewith.
>>This article shall govern in the event of conflicts with other
zoning, subdivision, or landscape regulations of this Code, or with
the Miami-Dade Department of Public Works Manual of Public
Works.<<
Amended
Agenda Item No. 7(A)
Page 8
The Board of County Commissioners >>maw<< [[hall] adopt by
resolution >>, or the Director may establish,<< such administrative
procedures as may be necessary or proper to further the purposes
of this article and thereby protect the public health, safety, welfare,
comfort, and convenience of the present and future residents of
Miami-Dade County.
Sec. 33-193.6. - Definitions.
The following words and phrases, as used in this article, have the
following meanings:
(1)
>>"<<Application>>"<< means any request for zoning
action, building penult, administrative site plan review, or
administratiVe modification under Chapter 33, or any
request for approval or extension of approval of any type of
application for subdivision of land pursuant to Chapter 28,
where such request seeks approval to develop residential or
mixed uses >>that include a residential component<<
subject to the requirements of this article.
(2) >>"<<At one location>>"<< means all land owned by the
applicant, including:
(a) All adjacent parcels, the property lines of which are
contiguous at any point; or
(b) All adjacent parcels, the property lines of which are
separated only by a public or private street, road,
highway or utility right-of-way, or other public or
private right-of-way at any point; or
(e)
All adjacent parcels, under common ownership or
control of the applicant, including land owned or
• controlled by any business entities in which the
applicant or immediate family members of the
applicant possesses any form of management
control.
(3) >>"Department" means the Miami-Dade County
Department of Regulatory and Economic Resources or
successor department
(4) "Director" means the Director of the Department, or the
Director's designee.
• -y-bonus-artd
-iele "WIC
[[(1) An applicatio
inter
application") shall:
Amended
Agenda Item No. 7(A)
Page 9
(5) "Multi-Family Development" is a development with
attached residential dwelling units in which the units are
either rented as part of a development in which units are
under a single ownership or are sold in a condominium or
cooperative form of ownership.
(6) "Sin leFamil
attached or detached residential dwelling units, including
townhomes, duplexes, triplexes, villas, patio, or courtyard
homes, in which the owner retains fee simple title to both
the residential dwelling_ unit and the land beneath the
residential dwelling unit.
(7) "<<Transit corridor area>>"<< is the area which lies within
a one-half mile radius of >>0),<< the Metrorail stations >>,.
(ii) the corridors identified in the Strategic Miami Area
Rapid Transit (SMART) Plan, set forth in. Miami-Dade
County Resolution No. R-523-16, as may be amended from
time to time, or (iii) corridors designated by the Board of
County Commissioners for Enhanced Bus Service
(EB S)<<.
>>(8)<< [{(-4)]] >>"<<Urban Elfin Area, (UIA) >>"<< is the
area as defined in the Comprehensive Development Master
Plan (CDMP).
>>(9)<< [[(-5)]1 >>"<<Work-force housing unit>>"<< or
>>"<<WHU>>"<< shall mean a dwelling unit, the sale,
rental or pricing of which in accordance with this article is
restricted to households whose income is within the
workforce housing target income range.
• >>(1 0)<< [OM >>"<<Workforce housing target income
range>>"<< means households whose income range is
established at >>60 percent << [[65-13q1 up to
140[[-%]]>>percent<< of the most recent median family
income for the County reported by the U.S. HUD as
maintained by. the Department [[of 1 . . . 4 ' ]] ,
Sec. 33-193.7. - Applicability >>in. the Incorporated and
Unincorporated Areas; Minimum Standards; Exemptions;
Administrative Modifications and Appeals<‹.
• C '
Section 33 193.9.1.
improved with one or more existing dwelling units
(force
Amended
Agenda Item No. 7(A)
Page 10
(1)
20 or more dwelling units provide
workforce ho enetary
contribution as provided in Section 33
193.9; and
(2) For-WIRT-applioations seeldng-approvaI-of
fewer than 20 dwelling units, provide a
provide for a total number of WHUs equal to the
greater of the (1) Existing WHUs or (2) the number
of WHUs that would have been required had there
been A- 1-the property;
Ea op improved property shall
provide-eAdence satisfactory to the Director as to whether
Existing WHUs are on-the property.]]
»(A) Countywide applicability and minimum standard. Pursuant
to Section 1,01(A)(18) of the Miami-Dade County Home
Rule Charter, each municipality, and the County in the
unincorporated areas, shall, at a minimum, in the exercise
of their respective zoning authority, address the need for
workforce housing, if any, within their respective territorial
jurisdictions; in addition, each municipality may, in
accordance with Section 6.02 of the Charter, provide for
higher standards to preserve its individual character and
standards. The Workforce Housing Development Program .
set . forth in this article shall be applicable in the
unincorporated area of Miami-Dade County. Municipalities
shall address the need for workforce housing within their
respective territorial jurisdictions in the following manner:
(1) „Exemptions. The following municipalities are
exempt from and not subject to the requirements of
this article:
a. Due to availability of land, financing, and
population density, any Municipality whose
population is 10,000 or less according to the
latest decennial census.
Amended
Agenda. Item No. 7(A)
Page 11
b. Any municipality which, as of December
31, 2016, has in place mandatory or
voluntary land development code provisions
that implement increased densities or other
incentives in exchange for the provision of
workforce housing. The municipality shall
send a copy of any such adopted ordinance
to the Director by January 31, 2017.
Q Any municipality that is otherwise exempt
from the requirements of this article 'may
choose to adopt a workforce housing
development program at any time by
adopting an ordinance that creates standards
and criteria for the land use designations and
zoning districts applicable to its jurisdiction
and that provides for the municipality to
collect and administer any monetary
contributions in lieu of construction of
WHUs that the municipality may permit.
The municipality shall send a copy of any
such ordinance to the Director within 45
days of adoption.
(2) ,712n.-exempt s. As to other
municipalities, each municipali0 shall adopt
a. a resolution making legislative findings
cl.emonstrating that the need for workforce
housing within its territorial jurisdiction is
being adequately addressed, or that
workforce housing would be impractical to •
provide due to issues such as, but not limited
to, the lack of availability of or the high
value of vacant land or redevelopment sites.
b. , its own voluntary or mandatory workforce
housing development program reliant on its
own legislative findings; or
c. an ordinance that adopts the standards set
forth in subsections (B), (C), and (D) below
and sections 33-193.8, 33-193.9, and 33-
.193.11 of this article and that protects the
rights of legally established nonconforming
lots, uses, and structures to at least the same
extent provided in. section 33-35 of this
Amended
Agenda Item No. 7(A)
Page 12
chapter. Each municipality shall be
oipalit31e for collecting and administering
any monetary contributions in lieu of
construction of WHUs that the municipality
receives. The County shall indemnify and
deferican. unici a facial
challenge to the municipality's adoption of
an ordinance adopted in accordance with
this paragraph.
.(31 Time to Comply,
a. Each municipality that is subject to the
requirements of this section shall have until
June 30, 2017, within which to adopt a
resolution making findings as to the need for
or practicality of providing workforce
housing within its territorial jurisdiction, and
indicating whether or not it intends to adopt
a voluntary or mandatory workforce housing
program, or already has such a program.
b. Each municipality that adopts a resolution
indicating that it will adopt a voluntary or
mandatory workforce housing program shall
have until December 31, 2017, within which
to adopt any ordinance or resolution
necessary to address its need for workforce
housing.
c. Applicability to municipalities incorporated
after December 31, 2016, and to
municipalities that reach a population that
exceeds 10,000 as evidenced by publication
of a future decennial census:
i. Such municipality shall have 6
months, from the date of
incorporation or the date of
,publication of census, as applicable,
within which to adopt a resolution
making findings as to the need for or
practicality of providing workforce
housing within its territorial
jurisdiction, and indicating whether
CSC
Amended
Agenda Item No. 7(A)
Page 13
or not it intends to adopt a voluntary
or mandatory workforce housing
program.
If such municipality adopts a
resolution indicating that it will
adopt a workforce housing program,
such municipality shall have another
6 months within which to adopt any
ordinance or resolution necessary to
address its need for workforce
housing.
d. Within 45 days of adopting any ordinance or
resolution required by this section, each
municipality shall send a copy of such
ordinance or resolution to the Director.
al Deference to municipal findings. The County shall
defer to all legislative findings in any municipality's
resolution or ordinance addressing workforce
housing, including without limitation its
determination of the amount of workforce housing
presently available and whether it is deficient, the
need for future workforce housing if any, the
availability and value of land, the manner in which
municipalities may address the need for workforce
housing, and whether providing workforce housing
is impractical due to issues such as, but not limited
to, the lack of availability of or the high value of
vacant land or redevelopment sites. The County
shall also defer to a municipality's legal
interpretations in the adoption and implementation
of any resolution or ordinance related to workforce
housing. The County shall not take adverse action
against a municipality to require compliance with
this article based on any disagreement with findings
made pursuant to the requirements of this article.
L5_). Interpretation. This section shall not be construed
to require a municipality:
a. to violate its charter, code of ordinances, or
comprehensive plan:
to modify or amend its charter or
comprehensive plan or a Development of
Regional Impact development order, or
c. to modify or amend its land development
regulations where such amendment would
require a referendum.
Amended
Agenda Item No. 7(A)
Page 14
(6) Approval processes.
a. The site plan approval and other
administrative processes described in this
article are intended to applyonl to the
unincorporated area. Municipalities shall
either establish their own procedures or
utilize their existing procedures for
approving development pursuant to their
workforce jjousirmp_mgoL) if any.
b. Municipalities shall also establish their own
procedures for administering any necessary
declarations of restrictive covenants or
workforce housing agreements related to
their workforce housing programs, if any.
(7) Municipal use of Count), staff resources.
a. The County shall make the Department's
resources available upon request to assist
municipalities in gathering and analyzing
data, and adopting municipal workforce
housing ordinances, but may charge a
reasonable fee as set forth in an
implementing order adopted by the Board of
County Commissioners.
b. Municipalities may, through. an interlocal
agreement, arrange • for any declarations of
restrictive covenants or workforce housing
agreements related to their workforce
housing programs to be administered by the
Miami-Dade County Public Housing and
Community Development Department or
successor department pursuant to Chapter
17, Article IX of this code.
Amended
Agenda Item No. 7(A)
Page 15
a) Effect of compliance. After December 31, 2016, a
municipality that adopts either its own voluntary or
mandatory workforce housing development
program or a resolution making legislative findings
that the need for workforce housing within its
territorial jurisdiction is being adequately addressed
or that adopting a program would be impractical,
and has provided a copy of it to the County as
provided herein, shall not thereafter be subject to
any other provision of this article.
cr3). The Workforce Housing Development Program shall be
applied as follows:
a) 20 or more dwelling units. An application seek*
approval for a residential development with 20 or
more dwelling units may utilize the density bonus
and intensity standards set forth in this article by
providing workforce housing units in accordance
with the following. Except for developments
requiring a public hearing, Administrative Site Plan
Review shall be required of all such developments
in accordance with the requirements of this article.
Except as provided in Section 33-193.8, all
workforce housing units will be provided on the site
of the proposed development.
(a) All single-family and multi-family
developments that provide at least 5 percent
of the total units in the developments as
WHUs shall be entitled to a density bonus of
5 percent over the maximum number of
units allowed by the applicable CDMP land
use designation and to the increased
intensity standards provided in Section 33-
193.11 of this article.
Amended
Agenda Item No. 7(A)
Page 16
For every one percent increase in WHUs
provided, a development shall be entitled to
an additional density bonus, up to a
maximum density bonus of 25 percent, as
follows:
WHU Density
Set-Aside Bonus
5% 5%
6% 9%
7% 13%
8% 19%
9% 21%
10% 25%
Note: in calculations, decimals
below 0.5 shall be rounded
down and 0,5 or above shall be
rounded up.
The mix of WHUs shall be as follows:
fi) No less than 25% of the WHUs shall
target the income range of 60% to
79% of the median family income.
(ii) No less than 50% of the WHUs shall
target the income range of 80% to
110% of the median family income.
ilijeltqlome ll the
remaining WI-IUs to the income
range of 60% to 79% of the median
family income shall receive an
additional 3% density bonus,
provided that in no event shall the
total density bonus exceed 25%.<<
In multi-family residential developments,
all WHUs provided pursuant to this article
shall be constructed concurrently with the
market rate units. If the WHUs in a multi-
family development are to be constructed in
a separate structure from the market rate
units, then the developer shall commence
construction of such WHUs prior to
Amended
Agenda Item No. 7(A)
Page 17
obtaining a building_pennit for the structure
containing the market rate units. For a
single-family development, the WFIUs
shall be, in good faith, marketed
concurrently with the market rate units, and
the Developer or other Property Owner
shall provide the Housing Director with
periodic updates regarding the marketing
efforts related to the WHUs. If a project is
developed in multiple phases, the pro-rata
share of WHUs shall be made available in
each phase in accordance with this
ar_.:agraph.
(2) Less than 20 dwelling units. Residential
developments with fewer than 20 dwelling units
may develop in accordance with the density
bonuses and intensity standards set forth in this
section and Sec. 33-193.11 of this article by either:
(a) Providing one of the alternatives described
in Sec. 33-193.8; or
(b) Setting 100 ei Jotent of the roposed
housing units for workforce housing and
complying with other applicable
requirements of this article.
All developments of less than 20 units that
participate in the WHU program shall require
Administrative Site Plan Review in accordance with
the requirements of this article except when the
proposed development is for an individual single-
family home, a two-family home, or a triplex that
seeks to utilize the intensity standards in this
section, or the development is subject to a public
hearing.
Amended
Agenda Item No. 7(A)
Page 18
(3) Nonconforming residential lots. Applicants with
legally-established nonconforming single-family
residential lots that set aside 100 percent of the
proposed dwelling units for workforce housing may
develop in accordance with the intensity standards
in Sec. 33-193.11 instead of the minimum lot area
and height requirements in Sec. 33-7 of this chapter,
without the need for Administrative Site Plan
Review, provided that the development otherwise
complies with the applicable requirements of this
chapter.
(4) Residential developments within Urban Center or
Urban Area Districts, Planned Area Development
Districts, Traditional Neighborhood Development
Districts, or other urban overlay districts shall
provide workforce housing as specified in the
applicable zoning district regulations.
[[(2)]] The provisions of this article shall
not apply to property located outside the Urban
Development Boundary, as designated in the Land Use
Plan (LUP) map of the CDMP, as amended from time to
time
>>(D) Administrative Modifications and Appeals.
(1) The Director may waive, adjust, or reduce the
minimum WHTJ set-asides, applicable density
bonus provisions or intensity standards, or the
amount of any alternative monetary contribution for
a development if, in reviewing the lot size, product
type, and other elements of the development plan.,
the Director determines that:
(a) 100 percent of the development has been set
aside for households at or below 140 percent
of median family income; or
(b) Developing the property with the density
bonus permitted in this article would cause a
violation of applicable ' environmental
standards or other regulations.
2(c--
Amended
Agenda Item No. 7(A)
Page 19
(2) Procedures.
(a) Applications. A request for administrative
modification of the requirements of the
Workforce Housing Development Program
shall be submitted in writing to the
Department on a form required by the
Director.
(b) Notice, Within 15 days after the
determination, notice of the Director's
determination shall be published in a
newspaper of general circulation.
(e)
Appeals. Any aggrieved person may appeal
the Director's determination to the Board of
County Commissioners pursuant to Section
33-314 within 30 days after the date of
newspaper publication, except that an
applicant claiming that the Director's
determination constitutes a taking or
abrogation of vested rights shall follow the
procedures for challenging a development
permit provided in Sections 2-114.1 through
2-114.4 of this code. If no timely appeal is
taken, the Director's determination shall
become final, and the necessary changes
shall be made upon the zoning maps and
records.<<
Sec. 33-193.8. - Alternatives to on-site construction of WHUs[[;
varlauees]].
[[(A)]] Alternatives. An applicant [[ -
" --applicant")]] may satisfy the requirement of on-site
construction of all of the required WHUs or of a portion of
required WHUs by one of the means described' below [[open
demonstrating, after public
conditi
article, and that approving t
development of-heasing-for
the unincorporated area of
greater extent than construction of the requi
serve the spirit of this
hee
e-gfetip in
to an equal or
1]. V. V
Amended
Agenda Item No. 7(A)
Page 20
(1) Off-site construction of WHUs. [[If an approval is obtained
after public hearing in ac C •••
eetie-H5-a--W1444]] >>An<< applicant may comply with the
requirements of this article by construction of [[41-0-%-ef]]
the number of WHUs required by this article at one or more
alternative sites within a 2-mile radius of the proposed
location of the market rate units (the "Off-site WHUs")
>>within unincorporated Miami-Dade County<<.
>>(a) If the alternative site is also being developed in
accordance with this article, it must contain both its
market rate and workforce housing units in addition
to the Off-site WHUs.
(b)<< The Off-site WHUs [[shall be provided within the
same Community Council jurisdiction as the market
rate units being prop
1] shall
>>be constructed<< [[occur]] concurrently with the
market rate units on the primary site..
>>(c) Portability of density bonus. The density bonus for
the primary site may be transferred to other sites in
accordance with the following:
Q The receiving site is submitted for
administrative site plan review.
(ii) The receiving site is developed in
accordance with the intensity standards Set
forth in section 33-193.11 of this article.
(iii) Density bonuses used pursuant to this article
shall not be combined with any other density
or intensity bonuses, including those
authorized pursuant to chapter 33B, article
II, division 3 of this code.
(iv) The receiving site may provide WHUs in
accordance with this article, except that the
transferred density bonus shall not be
counted in determining the WHUs for the
receiving site.
Amended
Agenda Item No. 7(A)
Page 21
(v)
Certificate of portability. The property
owner may sell or transfer the portable
density bonus, or a portion thereof, to a third
party by requesting from the Director a
Certificate of Portability. Application for a
certificate of portability shall be made on a
form acceptable to the Director. The
Director may require that a declaration of
restrictions be recorded on the primary site
identifying the amount of the density bonus
that is being so transferred and including
such other terms as the Director may deem
reasonable or necessary. Upon issuance, a
Certificate of Portability shall be freely
transferable and may be used to secure a
density and intensity bonuses at the
receiving site in accordance with this
article.<<
(2) Monetary contribution in lieu of construction of WHUs.
[[If--an approval is obtained after 4' •
accordance with the standards in this section, or if
• _ • • .
WHU]] >>An<< applicant may satisfy the requirements of
this article by providing a monetary contribution to the
affordable housing trust fund established in Chapter 17,
Article VIII of this code, in lieu of construction of the
required on-site workforce housing units. Any monetary
contributions received by the County shall not be
commingled with any other funds ,deposited into the
affordable housing trust fund that are not associated with
the WHU program, but shall be deposited into a separate
account. The amount of such required monetary
contribution shall be as established in section 33-
193.9[[4]]. All monetary contributions shall be made prior
to the issuance of the first building permit on the market
rate units.
(3)
>>Rehabilitation of existing property for Willis. An
applicant may satisfy the requirements of this article by
providing WHUs at rehabilitated sites located in
unincorporated or incorporated Miami-Dade County in the
following areas:
(a) within a 3-mile radius of the proposed location of the
market rate units; or
(b) within the County's Urban Infll Area; or
within a transit corridor area.
.22
elawve the spirit of
Amended
Agenda Item No. 7(A)
Page 22
For purposes of this article, "rehabilitated site" means a
ro ert with an existing building that is to be renovated;
the Urban Infill Area, it also includes a vacant parcel of
land. When the rehabilitated units are • located in
incorporated areas, the applicant shall demonstrate to the
Director at the time of Administrative Site Plan Review
that such units have received municipal zoning approval.
Prior to obtaining a building permit for the market rate
units, the applicant shall provide copies of building permits
issued by the applicable municipality for the WHUs.
al- Land conveyance. An applicant may satisfy the
requirements of this article by eonveyingland acceptable to
the County that is suitable in size, location, and physical
condition for significantly more WHUs. The conveyed land
shall be:
(a) developable; and
(b) zoned residential or in a zoning district that allows
residential uses; and
(c) unencumbered and environmentally clean; and
(d) of a value that is not less that the in-lieu monetary
contribution for the proposed development.<<
(S)« Combination of off-site construction of WHUs and
monetary contributions. [[If an ap
public hearing in accor
section, a WHU]] >>AtT<< applicant may comply with the
requirements of this article >>12y<.< employing a
combination of the alternatives >>-set forth in<< [[(1) and
(2)-hb this section.
[[(B Variances. The follawing-p . Y-13-&
varied after-publie4tearing, only upon demonstration that a
the Inpply of hensing-for the workferec housing target
b ed variance is granted:
r-int-ensity
" •0 • "' • ;1.`
standards;
The-numb
aPPlicatiew5
Amended
Agenda Item No. 7(A)
Page 23
(-3--) The amount of the monetary--eentribution in lieu
pursuant to Section 33 193.9.1.
(e4 If zoning approval is required, the application fer such
approval—shall plic-ation for
approval of any off sit
Sec. 33493
(A) All
bonus available pursuant
lousing-Units:
-ensity
—developments
units-based on the following
CDMP Land Use ' - 9 0: : : - : Percentage All Residential Units of
Category -Units Development Required To Be Work Force
Estate 5 Percent Pp4e-ancl-Ineludi ng-2-.4
UnitsGross Acre. -Per
up and 12.5 Percent From 2.5 to Including
3.125 Units Per Gross Acre
Low Density
From 3 to Including 5 PercentResidential
up and -4
Uni b - A a . `0 v
From 6 to 7.5 Units Per
Gross Acre. 12.5 Percent
Low--Mediuni 3-Percentl From 6 to Including up and
Per Gross Acre. -1-3-Units Density Residential
From 1 12.5 Percent2 - ; 4 • . • '• .
4-67-2-5-Uni Per Gross Acre. s
- -- ; ; : -- : 4...mg 5 Percent-I- Medium Density
Residential 20 Units Per Gross Acre:
From - -e -20-up- : .. .0
No Required Work Force Units.
Contribution in lieu ' of workf-eree-h
Section 33 `-' 31.15 Units Per Gross Acre. um4ts-r-eefair-ed--pursuant-to
193.9.1 to 5% the ciqual of market rate
units.
Medinin : ..- : • g - -ludia
75 Units-11er Gross Acre
P - - : : - : . ree-Units:
Contribution in lieu housing of workforce -Fligh
market rate Density-Residential 19379:1-equal-te-59/0-of the
units:
density of cxi
er--zoning if the adjacent or adjoin.
. . • -
devele
ftbutting--Prin
residential density shall be-based on that which exists or which the
allay- Where there-' 1-use3
• • .
ing heigh•,
an that which-would be permitted-for-an
exeln&ely-offiee-use of the site.
lBusincss and Office 01 - ; • • • ter than the LUP
oPed
the same side-of-the
Minn
P •
zoni
of resid
Amended
Agenda Item No. 7(A)
Page 24
No Required Work Force Units.
- oC ntributionin-lieu-of-wo 0 0.
• - • 33 ... ... .I ... . . °don High Density
Residential
From 50 to including up and
156 Units Per Gross Acre 19379Ato 5% the -equal of market rate
units,.
Office/Residential CDMP applicable 0, ; . ; ; c residential-categery
above provisions
Business Office and
In accordance with Refer to CDMP applicable applicable residential category
above provisions4
Industrial In accordance with 20 Percent} CDMP applicable provisions
Urban Center
Those urban centers not
12.5 Pereette February 1, rezoned as of
2007 date (the effective of
this ordinance)
1-The-number-of WHUs to be provided shall
number of market-rate units.
2The-p all be a percentage of
the-total-number of units.
3 Office/Residential One density category higher than that
residentially designated area
designate t or adjoining residentially
designated area on the same side of the abutting principal roadway,
-y-of-any such existing
or zoning if , the adjacent or adjoining land--is--ttnde-veloped;
whichever-is-higher. If-there is no adjacent or adjoining residential
use existing, zoned or designated on the sa ; roadway,
the--maxinumt—al ; • .. • - - 0,- tieh
exists or whic
3 (
below 95% of the fetal maximum densi • ; he
underlying zoning district regulations, all zoning uctiens
m allowable • It • w ;6" " • Z“ Z
Amended
Agenda Item No. 7(A)
Page 25
no residential use, zon
height ratie shall be no gr ter-than-that which
e-of-the-site7
(B) All applications for residential developments within Urban
Centers depicte
an urban center as of the effective
not be required to provide
(C)
not seek approval of any a
density bonuses.]]
Sec. 33-193.9[[dJ]. - Monetary contribution in lieu of
construction of WHUs.
(A) WI-IU developments of fewer than 20 residential units
seeking to utilize the density or intensity bonus available
pursuant to this article shall pay an amount as follows:
>>(# of market rate units x contribution-in-lieu fee)/20 — Total
contribution<<
[[NuYnber-of-rnarket-rate-tants-t' o be developed
44.
$110,000
28
]I. • ; ; • ;
(B) Developments for which a monetary contribution has
been approved in accordance with section 33-193.8[[(A)
or 33 193.8(D)]] and developments required to contribute
pursuant to section >>33-193.7<< [[33 193.9(A)]] shall
pay an amount as follows:
>># of WHU units x contribution-in-lieu fee = Total
contribution<<
Amended
Agenda Item. No. 7(A)
Page 26
yr"
a required to-be-developed (fr-aet-ions rounded
down)
$110,000
T-etal-contributienE.
>>(C) The WHU contribution-in-lieu fee shall be shall be
calculated as follows:
(1) Standard formula. The standard fotmula shall be:
Countywide median sales price within the
UDB (for a single-family or multi-family
residential unit, as applicable)
Affordable purchase price for a family of 4
at 60 Dereent of median family income for
the County
Contribution-in-lieu fee per WHU.
(2) Adjustment based on Minor Statistical Area. If the
develo ment is located in a Minor Statistical Area
(MSA) where the median sales price within the
UDB is lower than the Countywide median sales
price under the standard formula, then, instead of
the Countywide median sales price, the formula
shall use the median sales price (single-family or
multi-family, as applicable) for that MSA. It is
provided, however, that the contribution-in-lieu fee
for each WHU shall be no lower than:
Countywide median sales price within the
UDB (for a single-family or multi-family
residential unit, as applicable)
Affordable purchase price for a family of 4
at 140 percent of median family income for
the County
Contribution-in-lieu fee per WEIU.
33
Amended
Agenda Item No. 7(A)
Page 27
(3)
Implementing Order. The specific values shall be
established by implementing order approved by the
Board of County Commissioners and shall be
Published annually by the Housing Director, as
defined in Chapter 17 of this code. The WHU
contribution-in-lieu fee shall be reviewed
annually.<<
See. 33-193.10. - [[Density—lannuseq >Administrative Site
Plan Review.
Except for the development of individual single-family homes,
two-family homes, or triplexes of less than 20 units which shall be
approved if deemed to be in compliance with this article and other
pplicable provisions of this chapter, all applications for
development approval shall comply with the site plan and
architectural review criteria contained herein. Developments shall
be processed and approved administratively as follows:
(A)
Administrative site plan review. The Department shall
review plans, including the exhibits listed below for
completeness and compliance with the provisions of this
article and the design and site plan review criteria provided
herein. Additionally, all applications shall be reviewed by
the following departments of Miami-Dade County and
other public entities for potential impacts on infrastructure
and other services resulting from the application:
Department of Transportation • and Public Works,
Department of Waste Management, Department of
Regulatory and Economic Resources, Miami-Dade Fire
Rescue Department, and Miami-Dade Public Housing and
Community Development Department or the successor
agencies, as well as the Miami-Dade County School Board.
(1)
If a department's review indicates impacts on
services and infrastructure provided by any of the
foregoing, the applicant shall meet with the affected
department or entity to discuss potential mitigation
of the impacts and shall submit evidence to the
Department as to the resolution of the impact.
3'1
Amended.
Agenda Item No. 7(A)
Page 28
al The Director shall issue a final decision within 21
days of the date of submission of the completed
application. The applicant shall have the right to
extend the 21-day period by an additional 21 clays
upon timely request made in writing to the
Department. The Department shall have the right to
extend the 21-day period by written notice to the
applicant that additional information is needed.
Denials shall be in writing and shall specifically set
forth the grounds for the denial. Any final decision
of the Director may be appealed in accordance with
the procedures established in this chapter for
appeals of administrative decisions.
(B) Applications for administrative site plan review under this
article shall be accompanied by exhibits prepared by
registered architects and landscape architects which shall
be submitted to the Department and shall include the
following:
(1) Site plan(s) including'
a. Locations, shape, size, and height of existing
and proposed buildings, decorative walls
and entrance features.,
b. Building exterior finish material;
c. Indication of street vistas;
d. Lot lines and setbacks;
e. Location of WHI.Js and market rate units by
bedroom count
f. Location of open spaces including anchor
points if applicable;
g. Location of on-street and off-street parking
including type of permeable materials if
used on parking lots, loading facilities, and
waste collection areas;
h. Indication of signage;
1. Indication of any site or building design
methods used to conserve energy; and
Locations of backflow prevention devices
and connections.
PIN
transferable to the off -site prepert ,
cite is approved after public hearing for the development of
•
(B) *114U-a-pp • • 0 kforcc housing units or
an approved contribution in lieu ther •
[[(A) application providing a
'th Section 33-
it above the applicable CDMP Land Usc
on satisfies
all of the requir
of the intensity standards provided in section 33 193.11.
-y—site shall not—be
• •1; • • ^ • "
• - led-to
a-density-boints-above the CDMP maximum density to such
increased-density as is required.
Amended
Agenda Item No. 7(A)
Page 29
Indication of the placementndtypes) of lighting
fixtures to illuminate roadways and parking areas.
Landscape plans, including specifications of species
of plant material, location, and size in accordance
with this article and Chapter 18A of this code.
Street cross-sections, including adjacent buildings
and open space.
Floor plans for WHU and market rate units,
elevations, and sections of all buildings, including
total gross square feet of area for each floor and all
dimensions relating to the requirements of this
article.
(6) Eigures indicating the following:
a. Gross and net acreage;
b. Total square footage for each use by type;
c. Total number of dwelling units (including
WHTJ and market rate units);
d. Amount of passive and active open space in
square feet;
e. Parking required and provided;
f. Such other design data as may be needed to
evaluate the project.
(C) As a condition for approval, a Declaration of Restrictions
shall be submitted in compliance with Sec. 33-193.13.<<
1.1 .
in-weer-dance wit• .," d-that
in no event shall the density exceed the-maximum densities,
including applicable-bonuses, s
amended.
am-la densi
(C)
_lets, as provided in Cha
Amended
Agenda Item No. 7(A)
Page 30
as well as the benefit of the intensity stat
Sec. 33-193.11. - Intensity standards.
(A) Notwithstanding zoning district regulations to the contrary,
the following maximum intensity standards shall apply to
>>developments that include WHUs on-site, to alternative
sites providing Off-site WHUs in accordance with Section
33-193.8 of this article to receivin sites for a sortable
density bonus as provided in section 33-193.8, and to
developments that otherwise obtain density bonuses by
complying with the requirements of this article.<<
[[applications-reel: -
bonus or a monetary co
>->y) %nee Family Residential Intensity Standards
Zoiigin Minimum Lot Size Maximum Lot Coverage Minimum Lot Frontage
District
EIT-2 4 Acres 20% 165 ft
(with r/w)
EIT-IC 2 Acres 20% 125 ft
(with r/w)
ETJ-1 29,040 sq. ft. 20% 110 ft
EU-S 17,424sq. ft. 30% 110 ft
(with r/w) No minimum depth
EU-M 12,000 sq. ft. 30% 100 ft
No minimum depth
RU-1 5,000 sq. ft. of net area; Platted on or before 3/8/02 - 50 ft
Amended
Agenda Item No. 7(A)
Page 31
Zoning Minimum Lot Size Maximum Lot Coverage Minimum Lot Frontage
District
10% of development 42% 10% may have 40 ft
may have 3,750 sq. ft. Platted after 3/8/02 — 48%
RU-2 5,000 sq. ft. of net area., Platted on or before 3/8/02 - 50 ft
10% may have 40 ft 10% of development 42%
may have 3,750 sq. ft. Platted after 3/8/02 — 48%
RU-IM(a) 4,000 sq. ft. of net area Platted on or before 3/8/02 - 40 feet
and 48%
RU-IM(b) Platted after 3/8/02 — 54%
(2) Multi-Family Residential Intensity Standards
Zoning Minimum Lot Maximum Max Maximum Minimum
District Size FAR height Lot Open Space
Coverage
RU-Th 1,250 sq. ft. of As per RU- 40' As per RU- 20% of net area
net area TH, TH
RU-RH 1,000 sq. ft. of As per RU- As per
RU-RI4
As per RU- 10% common space
net area RH RH
No private open
Density 15 space
DU/net acre
RU-3M As per RU-3M 0.60 3 stories 35% of net 20% of net area
(40 ft) lot area
RU-4L Lispstt 1.00 6 stories 35% of net As per RU-4L
lot area
RU-4M As per RU-4M 1.50 9 stories 35% of net As per RU-4M
lot area
RU-4 and As per RU-4 2.00 if more 1
additional
As per RU-4 As per RU-4 and
RU-4A and RU-4A than 9 stories and RU-4A RU-4A
story
BIT-1 and As per BU-1 Add As per 45% of net Open space
DU-1A with and BU-1A .015/acre BU-1 and lot area requirements for one
Public above 131_1-1A story building
Hearing permitted
FAR
BU-2 with As per BU-2 Add Ad pet 50% of net Open space
Public j)1 5/acre BU-2 lot area requirements for one
Hearing above story building
38
Amended
Agenda Item No. 7(A)
Page 32
Zoning Minimum Lot Maximum Max
Height
Maximum Minimum
pistriet Size FAR Lot
Coverage
Open Space
permitted
FAR
(B) PAD Districts, Urban Centers, and other overlay or special
districts shall be exempt from this article. For those zoning
districts, the workforce housing standards and density and
intensity of the development shall be established in
accordance with the applicable zoning district regulations
or in a development agreement which is consistent with a
proposed site plan.
(CI The total number of dwelling units permitted, including
market rate units, bonus units, and WHUs, may exceed the
permitted maximum density allowed in the zoning district
in accordance with the foregoing provisions, provided that
the density shall not exceed the maximum allowable
density bonuses set forth in the CDMP.
(D) Administrative Adjustments. Notwithstanding any other
provision in this chapter to the contrary, the Director shall
have the authority to approve requests for limited
adjustments from setback, lot coverage, and building
spacing through the Administrative Site Plan Review
process as follows:
(1) Single-family residence, duplex,_ triplex, townhouse,
and accessory residential uses located in RU and EU
districts:
(a) Each setback may be reduced by up to 50
percent of that required by the underlying
district regulations.
(b) Lot coverage may be increased by up to 10
percent over the lot coverage permitted by the
workforce housing intensity standards.
(c) Spacing between structures on the same lot
nr.av be reduced to a minimum of 5 feet
between structures.
Amended
Agenda Item No. 7(A)
Page 33
(d) Unless specifically permitted by the underlying
zoning regulations, no accessory building shall
be placed in front of the front building line of
the principal building.
(e) Adjustments to canopy carport regulations
shall not be granted pursuant to this section.
(2) Multi-family residential uses located in RU-3M;
RU-4L; RU-4M; RU-4A; RU-5; and RU-5A
zoning districts. Each setback may be reduced by up
to 25 percent of that required by the underlying
district regulations.<<
WI-) In the EU 2 District:
(a) Minimum let size Four (4) acres;
(b) Minimum lot frontage One hundred sixty-five
(165) feet;
(e overage Twenty (20) percent.
(2) In the EU 1C District:
(a) Minimum lot size Two (2) acres;
(b) Minimum lot frontag e -
(125) feet:
(3) In the EU 1 District:
(a) Minim
(b) Mininaten4ot-frontage One hun
(4) in-the EU S District:
(a) Minimum lot size Twenty thousanel---(2000)
6qUare-feeti
(b) Minimum lot frontage One necked ten-(440)-feet-.-
(5) In the Elf M Distric-ti
(a)
(12,500) square feet;
(b) Minimum lot frontate One hundred (100) feet.
(6) ht-theRU 1 and RU 2 Districts:
(a) Minimum net lot at of-i7esidenti
of frontage
shall be-SO-feet, except urn
percent of the residential lots may be-redueed-te-tt
p. e e • •. are feet and a minimum lot
frontage of 10 feet; and
(b) exceed the lot
ge perszmitted—h
rations by more than 20%.
(7) In-the-RU-1MEaVand-PX-41k1(b) Distr4ets
CO. ' 2 Ale-homed
1
'al lots shall be
shall be 40 feet-and
(b) Maidniuni-
• -
regulations by more than-20%,
(8) Inthe-R-U4-14-clistrieti
(a MiniunanAot size shall--bc 1,250 uquar-e-feet--ef-net
let-nreatnnel
sei9-
lot area.
(9 In the RU RH district:
(-0
a1l-be--20-percent of the net I .1 9 yr" • • 9,
A
not exceed the lot
er net
aeretand
No private open-spaee-shall be required; and
area ratio shall be 0.60;;--a-
Maximum height shall be 3
feet-in-o
(144 In
hearing:
-6:1)
Amended
Agenda Item No. 7(A)
Page 34
lot arcainnEl
and
(d)
11 be 10 percent of-the net I A • • "" ••
land-area-
(a) Maximum floor area-ratio-shall be 0.9;
03) -shall be 6 stories;
(c) overage shall-be 35% of net-let--area-
(12) In the RU-4M district:
(a) Max-imuna-floor area ratio shall be 1-.9t
(b) Max-iranm-beight shall be 9 stories;
(e)
{13} - • - • : lA districts:
(a) Maximum-height al-story;
(b)
0
banclseaped-op open spac
percentage required by—the—under-lying district
• • • 4 tag:
aco per - •
e-provided as
, cept as follows
(a) the minimum parking required shall be:
is
paee
'ed—by—the--undcrlying district
regulations for a on
Amended
Agenda Item No. 7(A)
Page 35
(-B)]j>>(D)<< Severable use rights, as provided in Chapter 33B of
this code, shall not be utilized in conjunction with the
>>density or<< intensity standards contained in this article.
Sec. 33-193.12. - Design ffand-tmitiplacement.j] >>criteria and
development parameters.<<
(A) Workforce housing units shall be comparable in design and
materials to market-rate units within the development in
terms of exterior appearance. Workforce housing units may
be grouped or dispersed throughout the development.
>>(B) The architectural design of each proposed structure shall be
compatible with surrounding existing or proposed uses or
shall be made compatible by the use of building height
transitions and screening elements. Screening elements can
include trees and shrubs walls and fencin or an
combination of these elements. Visual buffering shall be
provided between parking and service areas and adjacent
uses.
(C) ,Single-Family or Two-Family Residential Design
Standards.<< {PM Notwithstanding underlying zoning
regulations that limit the number of residential units that
may be constructed on a single platted lot, residential
developments incorporating workforce housing units »in
BU, RU-1, RU-1M(a), RU-IM(b), and RU-2 districts<<
the-other-entrances]].
Amended
Agenda Item No. 7(A)
Page 36
may utilize the following flexible design provisions,
provided that the total development density shall not
exceed that allowed by this article. [[Units to be developed
in accordance with this section shall-be approved only upon
fix: 0 4 ominium-has-been
filed in ace-or.., is to be
sold,]]
(1) No more than 3 total residential units may be placed
on a single platted lot, of which no more than one
unit may be, but shall not be required to be, a
market rate unit; and
(2) The entrance to each of the units on a single platted
lot shall be >>through<<
(a) Through]] a common hall/foyer area in the
front of the building, which shall be
concealed by a building wall with 1 entrance
door, giving the appearance of a single-
family >>home or, where applicable, two-
family home<< [[residential unit; or •
(b) The entrance to the workferce housing
learly designed to be
subordinate to the principal-entranee-of-the
building for the market rate unit. When-the
entrenee—is—eonfln this manner, the
design shall---ineeallorate architectural
features and elements that el -arty
p the market rate unit
nt entranee-•frorn
ent,
en*
established single family residential neighborhoods,
(4)1J The locations of the parking spaces for the units
within the building shall be dispersed around the
building so as not to create a parking field for all of
the spaces in the front of the building.
(3)
not be located on the per
4/
Amended
Agenda Item No. 7(A)
Page 37
The footprint of the residential structure shall have
the appearance of a single-family or, where
applicable, two-family home.
Unless the plumbing system of the residential
building is connected to a sanitary sewer, lots that
have a septic tank with field drains shall have a rear
yard with an area of at least 25 percent of the total
lot area. The rear lot area required to care for a
septic tank drain field shall not be occupied by an
accessory building or other structure.
Multi-Family Residential Design Standards: The following
Multi-Family design standards shall apply to WHUs in
development projects within RU-3M; RU-4L; RU-4M;
RU-4; RU-4A; RU-5; RU-5A; BU-1; BU-1A; BU-2; and
BU-3 Zoning Districts:
(1) In a multi-family residential development the ratio
of efficiency, one-bedroom, and larger WITUs shall
not exceed the ratio of efficiency, one-bedroom, and
larger dwelling units among the market rate units.
(2) All developments shall have unobstructed sidewalks
or pedestrian paths a minimum six feet wide
providing pedestrian linkages to adjacent
neighborhoods.
(3) Open Space. A minimum percent of open space
shall be provided pursuant to Sec. 33-193.11.
Open spaces and landscaping shall be incorporated
into the design of all developments to allow
sufficient light and air to penetrate the development,
to direct wind movements, to shade and cool, to
visually enhance architectural features and relate the
structure design to the site, and to functionally
enhance the development; outdoor graphics and
exterior art displays and water features are
encouraged to be designed as an integral part of the
open spaces and landscaped areas.
Amended
Agenda Item No. 7(A)
Page 38
Service areas shall be located and screened to
minimize negative visual impacts from the street
and adjacent properties.
Mechanical equipment installed on roofs shall be
screened from view by parapets or other
architectural elements. Mechanical equipment
installed at ground level shall be screened by walls
or by similar landscape and architectural elements.
(6) Dumpsters shall not be visible from the street
(F) Other Development Parameters
Design considerations shall include: the placement,
orientation and scale of buildin s and building
elements particularly at street level, sidewalks and
comiections, of weather protection,
landscape, and lighting.
(2,1 All on-site utilities shall be buried underground.
(3
Adequate circulation to acconnnodate emergency
vehicles shall be provided throughout the
development.
(4) The development shall be designed with a
coordinated, outdoor, pedestrian-scaled lighting
system thaLi.sakle adequate, the
development, and compatible and harmonious with
the surrounding areas.
(5) Street furniture such as trash containers and benches
shall be permanently secured to the sidewalk. Street
furniture shall not obstruct sight visibility triangles
at street interseetions.<<
Amended
Agenda Item No. 7(A)
Page 39
Sec. 33-193.13. - Required declaration of restrictive covenants
Prior to final approval of any >>development providing workforce
housing units on-site or off-site<4[ cing to utilize
4e]]
>>, including applications for single-family homes, two-family
homes, and triplexes<<, the applicant shall submit a separate
declaration of restrictive covenants, encumbering the entire
>>development<< [[project]], approved in form by the Director
>>and the Housing Director in accordance with chapter 17, article
IX of this code<< and sufficient for recording in the public records
of Miami-Dade County, Florida, including provisions requiring
development of a specified number, type, and location of all
dwelling units, a general plan for staging construction of all units,
and such other provisions as the Department may require to
demonstrate the applicant's compliance with this article. The
development and the WHU staging plan must be consistent with
the CDMP and any applicable land use, subdivision regulations,
zoning and site plan approval for the property. The declaration of
restrictive covenants shall require the property to be developed in
accordance with the following specifications:
(A) A general description of the covered development,
including whether the covered development will contain
rental dwelling units or owner-occupied dwelling units, or
both;
(B) The total number of market rate dwelling units and WHUs
in the development and the timetable for construction; and
(C) The location of the WHUs in the development and phasing,
if any, and construction schedule for the development
sequence demonstrating that:
(1) WHUs will be built and made available for
occupancy >>coneurrently<< ][sin ]]
with or before market-rate dwelling units >> in
accordance with the requirements of sections 33-
193.7(B 1 and 33 -193 . 8.<< [[, except that
s for the last 10% percent—of-the
II-be-withheld until building
permits have been issued for all-of the WI-Ms; and]]
Amended
Agenda Item No. 7(A)
Page 40
(2) >>If the applicant converts a previously proposed
WHU to a market rate unit, the applicant shall pay
the monetary contribution in lieu of construction for
each such WHU<<[[
contain only WI-W]].
(D) If the requirements of this article are to be satisfied through
the use of an alternative to on-site construction as provided
in section 33-193.8 >>of this article<<, [[of this code,]] the
declaration of restrictive covenants shall identify and
commit to the development of WHUs en an approved
alternative site. A separate declaration of restrictive
covenants encumbering the alternative site shall identify
and commit to the development of the approved off-site
WHUs, and ,shall further provide appropriate assurances
that the required WHUs for the alternative site itself will be
provided.
(E) The declaration of restrictive covenants may be modified
by mutual consent of the applicant and the >>Director<<
[ Departmerit-ef - " .S, ii Dade
Rousing Agency]] and the [[Miami Dade Public]] Housing
>>Director in accordance with chapter 17, article IX of this.
code.„<< [[and Community Dev-elei3ment—Department]], as
long as the modified agreement remains in conformity with
this article and substantially conforms to the recorded
declaration's provisions relating to number, location,
distribution and timing or construction of WHUs.
>>(F) The applicant. shall acknowledge the Department's
authority to withhold_permits for failure to comply with the
terms of the covenant.<<
Sec. 33-193.14. - Workforce housing agreement.
Prior to the earlier of final plat approval or application for building
perMit for the first residential unit on the property subject to the
requirements of this article >>.,<.< the applicant shall submit a
declaration 'of restrictive covenants, approved in form by the
Director >>and the Housing Director in accordance with Chapter
17, Article IX of this code,.<.< and sufficient for recording in the
public records of Miami-Dade County, Florida, encumbering the
individual WHUs in the entire development, specifying the
restrictions of the WHUs and such further arrangements, {[anclj]
restrictive covenants, >>and resale restrictions<< as are necessary
to carry out the purposes of Chapter 17, Article IX of the code,
4rt
Amended
Agenda Item No. 7(A)
Page 41
sections 17-142 through 17-144 inclusive, and shall include the
following:
A binding commitment that the restrictions of this article
shall run with the land for the entire control period, and
A binding commitment that the covenants will bind the
applicant, any assignee, mortgagee, or buyer, and all other
parties that receive title to or an interest in the property, and
These covenants shall be senior to all other liens or
encumbrances on the property including all instruments
>>that facilitate the<< securing >>of<.< permanent
financing, except that tax and assessment liens shall be
superior to these covenants >>, and except as may be
provided in Chapter 17, Article IX of this code<<, and
(d) A binding commitment that incorporates all terms and
conditions regarding Willis, including without limitation,
the required shared equity agreement, eligibility standards,
appropriate sale and rental price standards and affordability
controls required of purchasers .of WHUs pursuant to
Chapter 17, Article VIII of this code.
>>(e) Where WHUs axe to be provided as part of a rental
development, the declaration and agreement required by
this section and Section 33-193.13 may specify the total
number of WHU rental units to be made available on the
property and provide for an annual inventory of WHUs,
instead of encumbering each individual WHU. <<
Sec. 33-195.15. -Penalties and enforcement.
This article shall be enforceable in accordance with the
provisions of >>Article I of this chapter and<< Chapter 8CC of
this code >>,provided that fines shall not exceed<<
11 • II
ne-not-te-ex-eeed]]
>>the value of the in-lieu contribution for the mandatory
workforce housing units<< ffenc thousand d• ) or
by imprisenment in the county jail for a per
(6-0-YclaYsTor-4-betth retion
ef-the -co uing-vielatiens-441e-pr-evisiew of
thiS--aitiele--may-be-enjoied-afd--restminedetive order of
appropria
pose.]]
48
Amended
Agenda Item No, 7(A)
Page 42
Section 2. Chapter 17, Article IX of the Code of Miami-Dade County, Florida, is
hereby amended to read as follows:
ARTICLE IX. - WORKFORCE HOUSING DEVELOPMENT PROGRAM
ADMINISTRATION
Sec. 17-140. - Definitions.
The definitions contained in Chapter 33, Article XIIA of the
Code of Miami-Dade County, shall apply to this chapter in
addition to the following:
(1) "Area median income" means the median income level
for the Miami-Dade County Metropolitan Statistical
Area, as established and defined in the annual schedule
published by the Secretary of the U.S. Department of
Housing and Urban Development, and adjusted for
household size.
(2) "Certificate of qualification" means a certificate issued by
the Department establishing a qualified household's
eligibility to purchase or rent a workforce housing unit
("WFIU"). Certificates of qualification shall be valid for
12 months. The certification criteria are set by
implementing order. >>The Department may authorize a
property owner or developer to issue certificates of
qualification, subject to verification by the
Department.<<
(3) "Condominium" means that form of ownership of real
Property created pursuant to Chapter 718 of the Florida
Statutes, which is comprised entirely of units that are
owned by one or more persons, and which there is,
appurtenant to each unit, an undivided share in common
elements.
(4) "Condominium conversion" has the meaning established
by sections 718.604-718.622 of the Florida Statutes.
(5) "Control period" means each 20-year period during
which the affordability restrictions imposed by this article
shall apply. The control period begins at the time of any
sale or resale of the affected unit by every new WHU
owner.
4cf
Amended
Agenda Item No. 7(A)
Page 43
(6) "Covered development" means all developments
providing WHUs or monetary contributions in lieu
thereof pursuant to Chapter 33, Article XIIA of the Code
of Miami-Dade County.
"Department" means, unless otherwise indicated, the
the]] Miami-Dade >>Public<< Housing [[Agency]]
>>and Community Development Department<< or any
successor agency.
"Developer" means any person, firm, corporation,
partnership, limited liability company, association, joint
venture, or any entity or combination of entities that
apply for development orders or permits for residential
dwelling units seeking to utilize the density or intensity
bonus available pursuant to Chapter 33, Article XIIA of
the Code of Miami-Dade County Florida, but does not
include the state or any county, municipality, or any
governmental entity.
">>Housing<< Director" means, unless otherwise
indicated, the Director of the [[
Eeonenaie—Develeprn - e - :r—ef]] the Miami-
Dade >>Public<< Housing [[geney]] >>and
Community Development Department<<, or designee.
(10) "Eligible household" means, subject to the provisions of
section 17-134 hereof, a household whose total income is
between >>60 percent up to<< [{6.5.-%—and]]
140[[[44]]>>percent<< of Area Median Income.
(11) "Eligible household income" means any income derived
from any proposed occupants of a WHU who are 18
years of age or older and who will use the WHU as their
primary residence.
(12) "Household" means any natural person who occupies a
WHU as [[leis or her]] >>their<< primary residence.
(13) "Market rate dwelling units" means all dwelling units in a
covered development that are not WHUs as defined
herein.
(7)
(8)
(9)
Amended
Agenda Item No. 7(A)
Page 44
(14) "Qualified household" means an eligible household that
has received a certificate of qualification from the
Department.
(15) >>"Qualified Improvement" means any addition or
replacement to the WHU that adds materially to the value
of the WHU, prolongs the WHO's useful life, or adapts
the WHU to new uses and the replacement of any
existing amenities.
(16)<< "Workforce housing unit rent" or "WHU rent" means
rents that do not exceed the maximum monthly Rent
Limits as determined for Miami-Dade County by the U.S.
Department of Housing and Urban Development in its
annual Income Limits and Rent Limits and as used by
Florida Housing Finance Corporation for its multifamily
rental programs (published annually at
http://www.floridahousing.org).
>>(1 7)<<a1-6A] "Workforce housing unit sales price" or
"WHU sales price" shall mean the sales price set by the
Board pursuant to an implementing order, not to exceed
an amount affordable at the maximum workforce housing
target income range, as defined in Chapter 33, Article
XIIA of the Code of Miami-Dade County, taking into
account (a) family size: (b) an annual fixed interest rate
[ .. y (30) year mortgage term]]; (c)
payment of up to five percent [[(-53/4)]] down payment by
a qualified household; and (d) an estimation of annual
property taxes, assessments, loan insurance and financing
fees, allowances for property maintenance and repairs,
homeowners insurances, homeowner association fees, if
any, and allowances for utilities.
See. 17-141. - Applicability.
The provisions of this article shall apply to all WHU
development >>in the unincorporated area<< subject to the
provisions of Chapter 33, Article XIIA of the Code of Miami-
Dade County.
5(
Amended
Agenda Item No. 7(A)
Page 45
Sec. 17-142. - Compliance procedures.
(A) Workforce Housing Declaration of Restrictive Covenants
and Workforce housing agreement
(1) Every WHU established pursuant to Chapter 33,
Article XIIA of the Code of Miami-Dade County
shall be offered for sale or rental to a qualified
household to be used for Pia' -er--her]i>>their<< own
primary residence. The [[County, -threugh—the]]
>>Housing<< Director[[,]] shall publish a pricing
schedule of rental and sales prices for WHUs in
accordance with this article.
(2) Any developer or other property owner offering a
WHU for initial sale or rental shall record in the
public records one or more covenants or
declarations of restrictions in a form approved by
the >>Housing Director<< [[County]]. Such
covenants or declarations of restrictions shall
include the WHU Agreement, and such further
arrangements, restrictive covenants, and resale or
rental restrictions as are necessary to carry out the
purposes of this article. The developer or other
property owner must execute and record a
declaration of restrictive covenants assuring that:
(a) the restrictions of this article shall run with
the land for the entire control period;
(b) the covenants will bind the applicant, any
assignee, mortgagee, or buyer, and all
other parties that receive title to or interest
in the property. These covenants shall be
senior to all instruments >>that facilitate
the<< securing >>of<< permanent
financing >>, except as provided in this
article<<.
(3)
Each qualified household purchasing a WHU
shall be required to record a mortgage in favor of
Miami-Dade County in an amount of $100.00 or
such other amount that may be borrowed by a
qualified household from the County. A
promissory note shall be executed by each
qualified household and secured by said
mortgage. Said mortgage shall set forth the same
Amended
Agenda Item. No. 7(A)
Page 46
covenants, along with the refinancing and resale
restrictions as those included in the restrictive
covenants required by this section[[, and shall
• q -emen ent of the County s
right of first section 17
44'1(B) and (C)]1.
>>141 Shared Equity agreement; Equity Share Recapture
Fee
(a) In addition to the requirements set forth in
section 17-142(A)(3) of this article, the
restrictive covenant shall require each
qualified household purchasing a WHU to
enter into a shared equity agreement with
the County. Said agreement shall be
recorded in the public records against the
WHU, securing and stating the County's
equity share in the WHU and resale and
after the control period.
(b) In the event of an early resale of a WHIJ
by a qualified household, i.e. the sale of a
WHU prior to the expiration of the Control
Period, such qualified household shall pay
to the County, at the closing, an equity
share recapture fee which shall be
calculated based on the following
schedule:
Year % Equity
Recaptured
0-5 100%
6-10 50%
(e' Notwithstanding the foregoing, the equity
share recapture fee shall be reduced by the
resale price less the initial purchase price
and, if applicable, suma the
amount of any cash down payment from
the qualified household's own funds for
the purchase of the WllU (b) the
Amended
Agenda Item No. 7(A)
Page 47
reasonable customary costs of sale of the
WHU paid by the qualified household,
including any broker's commission; and
(e) the value of any documented Qualified
Improvements to the WHU that are in
compliance with any applicable
requirements established by a lender.
QI All equity share recapture fees received by
the County shall be deposited into the
Affordable Housing Trust Fund.<<
(B) WHUs offered for sale during the initial or any control
period shall not be offered for a price >>in excess of
the<< greater [Man]] >>of: (i)<< the current maximum
WHU sales price as determined by the >>Housing
Director<< [[Department]] at the time of sale >>; or
(ii) the purchase price of the WHU (either at the initial
sale or upon resale) adjusted upward by the percentage
increase in the Consumer Price Index for All Urban
Consumers: Miami-Fort Lauderdale, FL (1982-84=100)
for Housing, as published from time to time by the U.S.
Bureau of Labor Statistics, from the year (or, if available,
the month) of purchase to the year (or, if available, the
most recent month) of the WHU unit resale<<.
(C) A new twenty (20) year control period shall commence
upon any resale and/or transfer to a new owner of such
WHU within the initial 20-year control period. Any
WHU that is owned for an entire 20>>=<<year control
period by the same individual(s), shall be released from
the sales price restrictions under the program. Upon the
expiration of the control period >>, or if the individual
owners of a WHU predecease the expiration of the
control period,<< the >>Housing Director<< [[County]]
shall record in the public records of Miami-Dade County
an instrument or document releasing the WHU from the
restrictive covenant required by this program.
A WHU may not be resold during the control period set
forth herein for an amount that exceeds the WHU sales
price set by implementing order. Prior to offering the
dwelling unit for sale during the control period, the WHU
owner shall obtain the >>Housing<< Director's written
approval of the WHU sales price.
Amended
Agenda Item No. 7(A)
Page 48
The covenants recorded by each developer or other property
owner of WHUs shall state in said covenant that the unit is
subject to the following provisions:
1. The covenants shall be senior to all instruments securing
permanent financing and shall bind all assignees,
mortga.gees, purchasers and other successors in interest.
>>Notwithstanding the foregoing, the covenants required
herein shall not be senior to any instrument that facilitates,
the securing of permanent financing from the Federal
Housing_ Administration, Fannie Mae, Freddie Mac, or
similar senior lender. In such covenants, the control
period and other restrictions on the WHU shall not
survive any foreclosure in accordance with such senior
lender's guidelines and restrictions.<<
2. The total aggregate amount of principal and accrued
interest for all financing secured by an individual upon
[[his or her]] >>their<< initial purchase of a WHU shall
not exceed 105[N]>>pereent<< of the loan-to-value.
Any financing in excess of the lesser of (1) Department's
maximum WHU sales price at the time of closing; or (2)
the property's appraised value shall not be secured by any
interest in the applicable individual WHU.
No sale, transfer or foreclosure shall affect the validity of the
covenants except as expressly set forth in the provisions of this
article. >>It is provided that, where necessary to facilitate the
securing of permanent financing from the Federal Housing
Administration, Fannie Mae, Freddie Mac, or similar senior
lender, the restrictions must automatically terminate if title to the
ro byan foreclosure or deed-in-lieu
of foreclosure, or if the mortgage is assigned to the Secretary of
the U.S. Department of Housing and Urban Development.<<
See. 17-144. - Affordability controls.
(A) Initial sale or rental.
(1)
Every WHU established under this article and
Chapter 33, Article XIIA of the Code of Miami-
Dade County, shall be offered for sale or rental to
an eligible household to be used for [[his orher]]
>>their<< own primary residence.
Amended •
Agenda Item No. 7(A)
Page 49
(13) Right of first 'refusal.
(1) Initial Sale. The developer or other property
owner of a WHU shall agree to execute a
document consistent with a model restriction
prepared by the Department, granting to the
County, among other things, the County's right of
first refusal to purchase the WHU in the event that
a qualified household does not execute a contract
for purchase within six [OA] months from the
date the WHU is offered for sale. In the event that
no qualified household purchases a WHU within
six [[(6}11 months from the date the WHU is first
offered by the developer or other property owner,
the >>Housing<< Director shall recommend to
the County Mayor or the County Mayor's
designee whether the County should exercise its
right of first refusal to purchase the WHU at the
WHU sales price. [[If the County Mayor or the
Ge•-unty Mayor's designee-c-efieur-si-the]] >>The<<
>>Housing<< Director shall notify the developer
or other property owner of the County's decision.
>>1f the County rejects the offer or otherwise
does not respond to the offer, the developer or
property owner shall remain obligated to sell or
rent the WHU to a qualified household and to
comply with the declaration of restrictive
covenants and workforce housing agreement
required by this article and Chapter 33, Article
XIIA of this code for a time equivalent to the
initial control period, unless a shorter time is
approved by the. Hou...u. upon a showing
that the developer or property owner has been
unable to sell to a qualified household after
making a good faith effort over, a reasonable
-period of time. Alternatively, the developer or
property owner may pay the WHU contribution-
in-lieu fee that would have been assessed at the
time of issuance of the first building permit for the
development, and shall thereafter be entitled to a
release from the obligation of providing the
WI-R5.•<< The County Mayor or the County
Mayor's designee is authorized to exercise the
right of first refusal provided hereunder, with
Amended
Agenda Item No. 7(A)
Page 50
funds allocated from the Affordable Housing
Trust Fund established pursuant to >>Qvter 17,
Article VIII of this code<< [[Section 17 129, et
seq.—Cade-of Miami Dade County]] or any other
authorized source >>of fanding<<, for the direct
and exclusive purpose of providing workforce
housing for those households meeting the
workforce housing eligibility requirements.
Notwithstanding this authorization to purchase,
the County Mayor or the County Mayor's
designee shall bring to the Board of County
Commissioners a resolution seeking ratification of
said purchase at the next available Board meeting
following the purchase of the WHU.
(E) Foreclosures and other proceedings.
(1)
If any qualified household of a WHU defaults on
its mortgage with the County and said default is
not cured within the applicable time periods, then
the whole debt secured by said mortgage, with all
interest thereon, and all other amounts thereby
secured shall, at the option of the County, become
immediately due and payable. In the event any
qualified household of a WHU fails to cure the
default, the County shall have the right to legally
enforce the term of the mortgage or collect the
debt in any action at law, including but not limited
to a proceeding in foreclosure. Any proceeds,
including any expenses or expenditures incurred
and recovered by the County, shall be deposited in
the Affordable Housing Trust Fund, which has
been established pursuant to >>Chapter 17,
Article VIII of this code<< [[,Section 17 129 et
seq. of the-Cede of Miami Dade County]]. These
funds shall not be commingled with any other
funds deposited into the Affordable Housing Trust
Fund that are not associated with the WHU
program, but shall be deposited into a separate
account.
Amended
Agenda Item No. 7(A)
Page 51
(2) In any suit, action or proceeding, including
without limitation bankruptcy, probate or any
other suit, action or proceeding affecting the
WHU, any monies recovered by the County shall
be deposited into the Affordable Housing Trust
Fund.
(3) Notwithstanding subsection E (1) and (2), in the
event of default by a qualified household on any
senior mortgage associated with a 'WHU, the
County Mayor or the County Mayor's designee is
authorized to pay off said senior mortgage and
assume ownership of the WHU by using funds
from the Affordable Housing Trust Fund for
resale to an eligible household. The defaulting
qualified household shall be required to vacate the
WHU as authorized by law. The County Mayor or
the County Mayor's designee is further authorized
to purchase any WHU that is sold as a result of
any suit, action or proceeding, including but not
limited to foreclosure, bankruptcy, probate or any
other suit, action or proceeding affecting the
WHU. Notwithstanding this authorization to
purchase, . the County Mayor or the County
Mayor's designee shall bring to the Board of
County Commissioners a resolution seeking
ratification of said purchase at the next available
Board meeting • following the purchase of the
WHU.
(F) Rental WHU Requirements.
(1) All qualified households must be provided a lease
with a minimum period of twelve (12) months.
The lease must comply with all applicable federal
and state laws. The lease shall include without
limitation provisions that specify the maximum
household size allowed in the unit; a prohibition
against subleasing; and a requirement that the
qualified household shall report any changes in
household size or income during the tenancy.
Qualified households shall comply with all
monitoring requirements established by the
Department.
(2) If a qualified household's income increases above
the maximum allowed income levels, the qualified
household may choose to remain in the WHU for
JCa
Amended
Agenda Item No. 7(A)
Page 52
the remainder of the lease term. If the formerly
qualified household and the developer or other
property owner agree to extend the lease term, the
developer or other property owner shall make the
next comparable vacant unit at the covered
development available to an eligible household at
the WHU rent.
>>(3) If a building that is initially built as a rental
project under single ownership should
subsequently convert to a condominium, then:
(a) The development shall offer the same
number of for-sale WHUs as there were
rental WHUs;
Q The WHUS shall be specifically identified
by unit number as part of the recorded
condominium declaration;
Lc) The sales price for such WHUs being
converted shall be established by
implementing order. If the owner of such
condominium conversion elects to
renovate the workforce dwelling units, the
implementing order shall consider the
reasonable cost of labor and materials
associated with such renovation; and
(d) Each qualified household renting a WHU
at the time .of the condominium conversion
shall have the right to purchase the
dwelling unit they occupy at the sales
price established by the implementing
order. Subsequently, ,the County shall
have the right of first refusal to purchase
some or all of the WHUs that are not
urchased by such qualified households at
the sales price established for such units
by the implementing order. Such units
shall be offered to the County and
eurcha.sed by it in accordance with the
provisions set forth below for for-sale
WHUs.
(e) In the event that all of the WI-Ws are not
sold to either qualified households or the
County, then the owner may make a
monetary contribution in accordance with
section 33-193.9 of this code equivalent to
S-7
* * *
development p
Amended
Agenda Item No. 7(A)
Page 53
the number of WEIUs that are not so sold.
Upon receipt of said monetary
contribution, the Housing Director shall
record in the public records of Miami-
Dade County an instrument or document
releasing the building from the restrictive
covenant re ui
Sec. 17445. - Trust Fund Expenditures.
Funds from the [[wer 0. • - 0- • - 00inent
programl]>>Workforee Housing Development Program ("WHU
program") established in Chapter 33, Article XXIIA of this code
that are<< deposited into the Affordable Housing Trust Fund [[‘,
which has been established pursuant to Section 17 129 et seq. of
the-C-ede-of Miami Dade County]], including, without limitation,
monetary contributions in lieu of development of workforce
housing units, shall only be used >>for the purposes set forth in
Chapter 33, Article XIIA and Chapter 17, Article VIII of this
code.<< [[
for households earning 65% to 80% of the area median income.
Notwithstanding the foregoing, when exorcising the right of first
—the
County Mayor's designee may utilize monies deposited into the
Section 3. Section 33E-6.1 of the Code of Miami-Dade County, Florida, is hereby
amended to read as follows:
Sec. 33E-6.1. Payment of road impact fees.
*
(g)
>>Deferral of fees. << Road impact fees exceeding
[[ •.-0 00 . ]]$25,000.00[N] >>, arid
road impact fees assessed for development of workforce
housing units provided in accordance with Chapter 33
Article XIIA of this code,<< may be deferred >>in
accordance with Section 33E-18 of this article,<<
provided that the feepayer submits either a surety
4..
•• w W. •
.4
Amended
Agenda Item No, 7(A)
Page 54
performance bond (the bond) or an. automatically
renewable, irrevocable letter of credit (the bond), for the
total amount of the impact fee. Upon acceptance of the
bond by the County Planning and Zoning Director the
building permit may be issued.
Section 4. Section 33E-18 of the Code of Miami-Dade County, Florida, is hereby
amended to read as follows:
Sec. 33E-18. - Road Impact Fee Deferral For Certain Land
Use Types,
(A) Notwithstanding anything in the code to the contrary>>.,
fu‹.< an applicant for a building permit requiring
payment of a road impact fee >>that exceeds
$25,000.00<< may request a deferral of road impact fee
payment for one-half [[(1/2)]] of the assessed road impact
fee for a period of up to Rt-hree-013[{)]] years >>, or (ii)
an applicant for a building permit for workforce housing
units provided in accordance with Chapter 33, Article
XIIA of this code may request a deferral of 90 percent of
the road impact fees assessed for those units for a period
of up to two years,<< subject to the following terms,
conditions, requirements and limitations:
(1) The deferral program shall not be used to defer
road impact for uses under Section 33E-8 for 1TE
Land Use Types that are categorized as
Residential, Recreational or Institutional
according to Tables 100 & 100A>>:, except for
workforce housing units as provided herein<<.
(2) As condition of deferral of road impact fees
pursuant to this section, the owner of the property
that is subject to the road impact fee shall execute
a voluntary lien securing payment of the deferred
portion of the road impact fee on a form provided
by the County Public Works Director and filed in
the Public Records of Miami-Dade County.
(3) A notice that said voluntary lien has been satisfied
shall be promptly filed in the Public Records by
Miami-Dade County upon final payment of all
outstanding road impact fees including associated
administrative fees and penalties, if any that may
be owed in connection with the road impact fee.
Amended
Agenda Item No, 7(A)
Page 55
(4) The total amount of the road impact fee owed
shall be assessed at the time the building permit is
issued.
(5) Prior to issuance of the building permit, the
applicant shall pay >>1.D<< the sum of one-half
(1/2) of the total road impact fee assessed against
the property >>or, for workforce housing writs,
the sum of 10 percent of the road impact fees
assessed for those units<< ("initial payment"),
plus >>(ii)<< the total administrative fee for the
assessed road impact fee, plus >>(iii)<< the total
administrative fee for deferral as provided under
this section,
(6) An administrative fee of [[(]]$100>>.00<< []] or
[[twos]] >>2<< percent R{ -2--%}1] of the deferred
portion of the road impact fee >>(4 percent for
workforce housing units)<<, whichever amount: is
greater, shall be charged in connection with the
application for deferred payment of road impact
fees under this section.
(7) No deferral amount under this section>>, except
for amounts assessed for workforce housing
units,<< shall exceed [[twenty five thousand
dollars---(M25,000>>,00<< [D]] for a single
application.
(8) The schedule of payment for the deferred portion
of the road impact fee shall be set as follows:
a. No schedule authorized under this section
may exceed [[three (O[[)]] years >>„,
except that the deferral period for
workforce housing units shall be a
maximum of 2 years<‹; and
b. The payment schedule shall provide for
collection of a minimum of one-third of
the deferred amount for each year>>„
except that no interim payment for
workforce housing units shall be
required<<; and
c. All road impact fees deferred pursuant to
this section shall become immediately due
upon a sale, conveyance or other transfer
of title of the property that is the subject of
the road impact fee.
692-
Amended
Agenda Item No. 7(A)
Page 56
(9) No interest shall be charged against road impact
fees deferred under this section>>.,<< provided
that they are paid on time in accordance with the
payment schedule. It is provided, however, that
payments made later than Flirty (]]30[[)]]
calendar days from the date that payment of the
impact fee installment is due shall be charged
interest at the rate of [[twelve]] >>12<< percent
[[(1-2%)]] per annum simple interest>>;«
accruing from the date of the initial payment up to
the date of the late payment>>,<< plus cost of
collection established by implementing order of
the Board of County Commissioners,
(10) The County Public Works Director>><< is
authorized to foreclose on the lien for any
deferred impact fees>>.,<< including any accrued
interest>>,<< that remain unpaid for more than
[[one hundred and eighty (]]180[Di] calendar days
beyond the date when deferred impact fees are
due>>:<< and may assess reasonable fees
associated with the foreclosure of the lien and
collection of the road impact fee payment>><<
including reasonable attorney's fees and court
costs.
(B) The County Planning and Zoning Director shall provide
an annual report on the status of this program to the
Board of County Commissioners.
(C) The maximum total amount of road impact funds that
may be deferred pursuant to this program is [[one million
dellars—U$1,000,000>>.00<< [N, whereupon this
program shall not be available to defer impact fees until
such time as the total deferred amount has been reduced
by payment of impact fees below the maximum set forth
herein. It is provided, however, [[the amount of deferred
read impact fees shall net include]] >>that this limitation
shall not apply to: (i) road impact fees assessed for
development of workforce housing units provided in
accordance with Chapter 33, Article XIIA of this code; or
(ii)‹.< deferred impact fees that are secured by a bond or
letter of credit pursuant to Section 33E-6.1(g).
Amended
Agenda Item No. '7(A)
Page 57
Section 5. The provisions of Section 1 shall not take effect until 180 days from the
effective date of this ordinance.
Section 6. Every two years after the effective date of this ordinance, the County
Mayor or the County Mayor's designee shall provide a report on the implementation of this
ordinance and make recommendations as to any changes to the ordinance that may be
necessary or desirable. The completed report and recommendations shall be placed on an
agenda of the Board pursuant to Ordinance No. 14-65.
Section 7. If any section, subsection, sentence, clause or provision of this ordinance
is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 8. It is the intention of the Board of County Commissioners, and it is
hereby ordained that the provisions of this ordinance, including any sunset provision, shall
become and be made a part of the Code of Miami-Dade County, Florida. The sections of this
ordinance may be renumbered or relettered to accomplish such intention, and the word
"ordinance" may be changed to "section," "article," or other appropriate word.
Amended
Agenda Item No. 7(A)
Page 58
Section 9. This ordinance shall become effective ten (10) days after the date of
enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an
override by this Board.
PASSED AND ADOPTED:
Approved by County Attorney as
to form and legal sufficiency:
Prepared by:
Dennis A. Kerbel
Terrence A. Smith
Prime Sponsor:
Co-Sponsors:
Commissioner Barbara J. Jordan
Vice Chairman Esteban L. Bovo, Jr.
Commissioner Daniella Levine Cava
Commissioner Jose "Pepe" Diaz
Commissioner Sally A. Heyman
Chairman Jean Monestime
Commissioner Rebeca Sosa