HomeMy WebLinkAboutOrdinance 2016-488 ORDINANCE NO. 2016-41g
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 265 OF
THE CITY CODE "ZONING" TO ADD SECTION 265-39
"WORKFORCE HOUSING DENSITY BONUS AND INCENTIVES
PROGRAM" AND PROVIDING FOR LEGISLATIVE FINDINGS, A
STATEMENT OF PURPOSE, DEFINITIONS, DENSITY BONUSES,
QUALIFICATIONS FOR ELIGIBILITY FOR PURCHASES OR
RENTAL OF WORKFORCE HOUSING UNITS, RESTRICTIONS
ON WORKFORCE HOUSING UNITS, AND ANNUAL REPORTS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEALER; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the purpose of this Ordinance is to promote the public health, safety
and welfare of the residents of the City of Sunny Isles Beach in providing for the use of
density bonuses for workforce housing; and
WHEREAS, the City of Sunny Isles Beach Comprehensive Plan Housing Element
supports the use of bonus density to encourage the developer provision of affordable
workforce housing; and
WHEREAS, the City Commission, acting as the City Local Planning Agency,
pursuant to Section 57-2 of the City Code, reviewed and made recommendations regarding
the proposed amendments to the City land development regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation o f Recitals. The foregoing "WHEREAS" clauses are hereby
ratified and confirmed as being true and correct and are hereby made a specific part by this
Ordinance upon adoption hereof
Section 2. Amendment. Section 265-39 "Workforce Housing Density Bonus and Incentives
Program" of the City Code is hereby created to read as follows:
§ 265-39 - Workforce Housing Density Bonus and Incentives Program
A. Legislative Findings.
(1) Upon the adoption of the Comprehensive Plan of the City of Sunny Isles Beach, the
City Commission determined that there was a need for affordable workforce housing
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Ordinance Amending Chapter 265 Zoning to Add Section 265-39
to be included in the housing stock of the City.
(2) The City Commission in the Housing Element in its Comprehensive Plan made a
commitment to provide affordable workforce housing units in sufficient numbers to
satisfy anticipated future needs.
(3) The City Commission through its Land Use Regulations encouraged the development
of workforce housing units for households with an income at one hundred twenty(120)
percent and less of the median family income in Miami-Dade County, Florida in
housing development projects.
(4) The City Commission through its Comprehensive Plan and Land Use Regulations
encouraged the development of affordable workforce housing units by providing
Workforce Housing Density Bonus.
(5) The City Commission, with the knowledge that there is a limited supply of land in
Sunny Isles Beach, has provided Workforce Housing Density Bonuses in certain
zoning districts to encourage the development of Workforce Housing Units.
B. Purpose. The purpose of this section is to establish guidelines and criteria for the
Workforce/Affordable Housing Density Bonuses described in § 265-34(D)(9)(b)(2), §
265- 36(E)(3)(b), and § 265-38(E)(3)(b), as applicable to properties located within the
RMF-2, B-1, and the Business Overlay Districts, respectively. It is further the purpose
of this section to encourage future housing developments to contribute to the
attainment of Workforce Housing Units within the City of Sunny Isles Beach.
C. Definitions.
(1) The following words, terms and phrases when used in this section shall have the
meanings ascribed to them as set forth below except where the context clearly
indicates a different meaning.
(a) Density Bonus Unit. A unit as a result of an increase in density permitted
above the basic per acre density established by the City's Comprehensive
Plan, including the future land use map.
(b) Developer. Any person, firm, partnership, association, joint venture,
corporation or any combination of said entities.
(c) Development. A housing development, including any mixed use residential
development at one (1) location, which may include one (1) or more
structures, including existing buildings, which are unified via a unity of title
or a covenant in lieu of unity of title.
(d) Market Rate Unit. A unit in a residential development other than those
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Ordinance Amending Chapter 265 Zoning to Add Section 265-39
designated as an Affordable/Workforce housing unit.
(e) Primary Residence. The legal residence of the household or person and
qualifies for homestead exemption, if an owner occupied unit.
(f) Workforce Housing Density Bonuses: Density bonuses as defined in § 265-
34(D)(9)(b)(2), § 265-36(E)(3)(b), and § 265-38(E)(3)(b), as applicable to
properties located within the RMF-2, B-1, and the Business Overlay Districts,
respectively, which may be achieved by meeting the criteria in this section.
(g) Workforce Housing. Affordable housing which is available for citizens
with income less than one hundred twenty (120) percent of the median
income of Miami-Dade County, Florida, and adjusted for household size. The
term Workforce Housing means affordable housing for purposes of Density
Bonus described in Land Development Regulations.
(h) Workforce Housing Unit. A housing unit offered to eligible households that
meet the Affordable/Workforce income standards as defined in this section. A
Workforce Housing Unit may be an owner occupied unit or a renter occupied
unit. The rental price of such unit shall not exceed thirty (30) percent of the
gross income of the households that meet the income criteria set forth in this
section. The sale price of each unit shall be submitted for review and approval
to the City Manager or designee to ensure affordability.
(i) Workforce Income. Household income less than one hundred twenty (120)
percent of the median income of Miami-Dade County, Florida, and adjusted
for household size.
D. Density bonuses and Site Plan.
(1) To the maximum extent feasible pursuant to this Chapter, the City shall allow
developments in the B-1, RMF-2, and Business Overlay Districts, to achieve
applicable the Workforce Housing Density Bonuses as follows:
(a) For every one (l) Workforce Housing Unit provided, the developer may
qualify for one (1) Market Rate unit within the development.
(2) Upon the submittal of a site plan for a development project, the developer shall
include the following in the site plan:
(a) The number, location, structure, and size of the proposed market rate and
Workforce Housing Units and the basis for calculating the number of Workforce
Housing Units;
(b) The income levels to which each Workforce Housing Unit will be made
affordable;
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Ordinance Amending Chapter 265 Zoning to Add Section 265-39
(c) The methods to be used to advertise the availability of the Workforce Housing
Units;
(d) Any additional information requested by the City Manager or designee to assist
with evaluation of the Workforce Housing Unit proposal.
(3) The Workforce Density Bonuses provided under the Land Development Regulations
and this section shall be approved as part of the site plan review process.
E. Applicability.
(1) This section shall apply to all new residential developments of one hundred
(100) units or more located in the RMF-2, B-1, and the Business Overlay
Zoning Districts.
(2) This section shall apply to any expansion of existing residential development
consisting of one hundred (100) units or more located in the RMF-2, B-1, and the
Business Overlay Zoning Districts.
(3) This section shall not apply to any residential developments in the Mixed Used
Resort (MUR) and Single Family (R-1) zoning districts.
F. Qualifications for Eligible Household.
(1) The eligible household must be a first time homebuyer if purchasing a unit.
(2) The household income must not exceed the Workforce Income, which is one hundred
twenty (120) percent or less of the median income of Miami-Dade County, Florida,
and adjusted for household size.
G. Priority for Participation.
(1) Police officers of the City of Sunny Isles Beach and general employees of the City
of Sunny Isles Beach.
(2) Miami-Dade County Public School Employees working at a school in the City of
Sunny Isles Beach.
(3) Employees working for licensed businesses in the City of Sunny Isles Beach.
(4) Any other eligible households.
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Ordinance Amending Chapter 265 Zoning to Add Section 265-39
H. Restrictive Covenant, Annual Report, and Penalties.
(1) In order to be eligible for density bonuses under this section and the Land
Development Regulations, the developer shall guarantee the availability of
applicable workforce housing units as either rental or owner-occupied housing
for a period of at least thirty (30) years via a restrictive covenant in a form
acceptable to the City Attorney for the City of Sunny Isles Beach.
(2) The owner of rental Workforce Housing Unit(s) shall provide an annual
report to the City Manager or designee to demonstrate that the unit rental
price has remained a Workforce Housing Unit under this section. The Annual
Report is due on October 1 of each year. The owner of an owner occupied unit
shall obtain the consent of the City Manager or designee prior to any sale of the unit
to ensure that the unit is affordable in accordance with guidelines established by
Miami-Dade County.
(3) This Section shall be enforceable in accordance with Chapter 14 of the City Code.
Violations of this Section shall be punishable by a fine not to exceed five hundred
($500) dollars. Any continuing violation of the provisions of this Section may be
enjoined in a court of law.
Section 3. Severability. The provisions of this Ordinance are declared to be severable and
if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to
be invalid or unconstitutional, such decision shall not affect the validity of the remaining
sections, sentences, clause, and phrases of this Ordinance but they shall remain in effect, it
being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any
part.
Section 4. Inclusion in the Code. Itis the intention of the City Commission, and it is hereby
ordained that the provisions of this Ordinance shall become and made a part of the City of
Sunny Isles Beach Code; that the sections of this Ordinance may be renumbered or re-
lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to
"Section" or other appropriate word, as required.
Section 5. Repealer. All ordinances or part of ordinances in conflict herewith be and the
same are hereby repealed.
Section 6. Effective Date. This ordinance shall become effective upon adoption on second
reading.
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Ordinance Amending Chapter 265 Zoning to Add Section 265-39
PASSED and ADOPTED on first reading the I S4Altlay of` 6, 2016.
PASSED and ADOPTED on second reading the 2b-tay ofOca-o 6e./ 2016.
/i A.
FO7( ?-•rge 'Bud" choll, Mayor
ATTEST:
E
-
Jane A. fines, MMC, City Clerk
�' AP-PROVED AS TO FORM
AND LE L UFFICIENCY:
Miot,City Attorney
Moved by: C,OMM• K E1,10(4
Seconded by: Conn. (2) A-14
Vote:
Mayor Scholl eNht (Yes) (No)
Vice Mayor Gatto (Yes) (No)
Commissioner Aelion ✓(Yes) (No)
Commissioner Goldman ✓(Yes) (No)
Commissioner Levin V(Yes) (No)
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Ordinance Amending Chapter 265 Zoning to Add Section 265-39
Income Limits - Miami-Dade County Page 1 of 2
Miami-Dade County Public Housing and Community Development
Income Limits
Following are the income limits by family size and admission income targeting requirements for the Public Housing, Section 8,
and Moderate Rehabilitation programs:
Income Limits effective 03/28/2016
Family Size Extremely Low Very Low .Low
(30%of Median) (50%of Median) (80%of Median)
1 $14,950 $24,850 $39,800
2 $17,050 $28,400 $45,450
3 $20,160 $31,950 $51,150
4 $24,300 $35,500 $56,800
5 $28,440 $38,350 $61,350
6 $32,580 $41,200 $65,900
7 $36,730 $44,050 $70,450
8 $40,890 $46,900 $75,000
The area median income for Miami-Dade County is: $48,100.
Income target
United States Department of Housing and Urban Development(USHUD)federal regulations require a certain percentage of
new admissions during a one year period be at the extremely low-income level, very low-income,and low-income levels.
These percentages vary by housing program as indicated below.
Public housing
• At least 40%of new admissions must be extremely low-income(equal to or below 30%of the area median income)
• The remaining 60%of new admissions can be up to the low-income level(up to 80%of the area median income)
Section 8 new construction
• At least 40%of new admissions must be extremely low-income(equal to or below 30%of the area median income)
• The remaining 60%of new admissions can be low-income or very low-income level depending on the HAP contract
date(up to 80%of the area median income)
Section 8 Housing Choice Voucher(HCV)
• At least 75%of new admissions must be extremely low-income(equal to or below 30%of the area median income)
Ottbk O: C
Agenda Item
http://www.miamidade.gov/housing/income-limits.asp Date 9 - 1S-
Income Limits - Miami-Dade County Page 2 of 2
• The remaining 25%of new admissions can be up to the very low-income level(up to 50%of the area median
income)
Section 8 project-based vouchers
• At least 75%of new admissions must be extremely low-income(equal to or below 30%of the area median income)
• The remaining 25%of new admissions can be up to the very low-income level(up to 50%of the area median
income)
Moderate rehabilitation
New admissions must be very low-income(equal to or below 50%of the area median income)
Page Last Edited:Thu Jun 30,2016 3:02:54 PM
MIAMI DE
COUNTY
•
http://www.miamidade.gov/housing/income-limits.asp 9/12/2016
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SJtfNY 13.44.. City Commission
(--
(--_ s City of Sunny Isles Beach George"Bud"Scholl,Mayor
� F18070 Collins Avenue, Suite 250 Jeanette Gatto, vice Mayor
' Isaac Aelion, Commissioner
- y .��� ° Sunny Isles Beach, Florida 33160
° —. _. x Dana Goldman,Commissioner
. `fie (305)947-0606 City Hall
Jennifer Levin,Commissioner
* (305)949-31 13 Fax
y '.0 --.% - �r (305)947-2150 Building Department Christopher J.Russo City Manager
'c�, . F L 09'‘��5 (305) 947-5 107 Fax Hans Ottinot,City Attorney
Y a sus r Jane A.Hines,MMC,City Clerk
MEMORANDUM
TO: The Honorable City Commission
A
FROM: Hans Ottinot, City Attorney )
DATE: September 15, 2016 (/
RE: Amending Chapter 265 of the City Code to Add Section 265-39 Establishing
Guidelines for Workforce Housing and Density Bonus and Incentives Programs
and Amending Sections 265-34, 265-36, and 265-38
RECOMMENDATION:
This Ordinance is recommended for approval.
REASONS:
At the time of adoption of the Comprehensive Plan in 2000, the Commission determined a need
for affordable workforce housing by creating zoning incentives for developers to construct
workforce housing units. The need for workforce housing is based on the lack of affordable
housing units for moderate income groups such as police officers and teachers. Consequently,
the City Commission adopted Land Use Regulations to provide developers with the ability to
increase density of particular projects located in certain zoning districts along the west side of
Collins Avenue provided that developers constructed a certain number of affordable workforce
housing units.
While the affordable workforce housing zoning incentives program has been in place for a
number of years, developers have not sought to increase density bonus under the program in the
same manner that they have requested to increase density under the Transfer of Development
Rights ("TDRs") program. As such, the proposed Ordinance attached to this memorandum is
seeking to provide additional incentives for developers to build workforce housing in the City of
Sunny Isles Beach. Under the proposed Ordinance, developers will be able to construct eight (8)
units per acre instead of five (5) units per acre in the RMF-2 zoning district. Projects located in
the B-1 and Business Overlay zoning districts will continue to be provided with the opportunity
to build five (5) additional units per acre for affordable workforce housing. It is important to
note that these zoning districts are located on the west side of Collins Avenue.
In addition to the increased density requirements, the proposed Ordinance will establish clear
guidelines and criteria for the issuance of the Workforce Housing Density Bonuses set forth in
the City Code. Specifically, a developer must provide one (1) Workforce Housing Unit for one
(1) market rate unit provided under the Workforce Density Bonus program. The workforce
housing units under the program will be available for households with income of one hundred
twenty (120) percent or less of the median income in Miami-Dade County. The median income
is $48,100.00 in Miami-Dade County as of 2016. Preferable treatment will be provided to police
officers and employees of the City. The Workforce Housing program will not apply to
developments in the resort and single family zoning districts. Additionally, developers will be
required to ensure that a workforce housing unit remains affordable for a period of thirty (30)
years under a restrictive covenant. To ensure compliance with the workforce housing guidelines,
a developer is required to provide an annual report to the City Manager or designee. The
developer shall also be subject to a$500 fine for failure to comply with the proposed Ordinance.
Please note the proposed Ordinance promotes the construction of workforce housing in the same
fashion as the proposed workforce housing ordinance adopted by Miami-Dade County.
2