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HomeMy WebLinkAboutOrdinance 2016-489 ORDINANCE NO. 2016- LISq AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,FLORIDA,AMENDING SECTIONS 265-34, 265-36 AND 265-38 OF THE CITY CODE TO PERMIT DENSITY BONUSES FOR WORKFORCE/AFFORDABLE HOUSING IN ACCORDANCE WITH GUIDELINES ESTABLISHED FOR AFFORDABLE WORKFORCE HOUSING; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CITY 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 to Section 265-34 of the City Code. Section 265-34 (D) (9) of the City Code is hereby amended to read as follows: § 265-34. D. (9) Maximum dwelling unit density. The maximum dwelling unit density shall be as set forth below: (a) Except as modified in Subsection D(9)(b)[1] below, the maximum number of residential dwelling units shall not exceed a density of 50 dwelling units per acre. (b) Density bonuses: Ordinance Amending Sections 265-34,36 and 38 1 Words underlined are added,words stricken are deleted. [1] Residential dwelling units. The maximum residential dwelling unit density may increase up to a maximum of 60 acres for waterfront developments that comply with Community Design Element Policy 1E, Recreation and Open Space Element Policy 1C and Coastal Management Element Policies 3A and 3D of the City's Comprehensive Plan. [2] Affordable housing density bonus. The maximum residential dwelling unit density may increase by €i eight units per acre up to a maximum of 63 68 units per acre, provided the dwelling units achieved through this bonus comply with the affordable workforce housing provisions of the Housing Element of the adopted Sunny Isles Beach Comprehensive Plan and the provisions of Section 265-39 of the City Code. Section 2. Amendment to Section 265-36 of the City Code. Section 265-36 (E) (3) of the City Code is hereby amended to read as follows: § 265-36. E. (3) The maximum dwelling unit density shall increase only in accordance with the following dwelling unit density bonus provisions and limitations: (a) Dwelling unit density bonus. The maximum dwelling unit density may increase by one dwelling unit per acre for each 0.02 increase in FAR granted in accordance with § 265-36E(1) of the City Code, up to a maximum density of 80 dwelling units per acre. (b) Affordable housing density bonus. The maximum dwelling unit density with bonuses as provided in Subsection E(3)(a) above may increase by five units per acre to a maximum of 85 units per acre, provided the dwelling units achieved through this bonus comply with the affordable workforce housing provisions of the Housing Element of the adopted Sunny Isles Beach Comprehensive Plan and the provisions of Section 265-39 of the City Code. Section 3. Amendment to Section 265-38 of the City Code. Section 265-38 (E) (2) of the City Code is hereby amended to read as follows: E. Site development standards. (2) Maximum dwelling unit density. The maximum dwelling unit density shall be as follows: (a) Apartments. Except as modified in Subsection E(3) below, the maximum number of residential dwelling units shall not exceed a density of 25 dwelling units per acre. Ordinance Amending Sections 265-34,36 and 38 2 Words underlined are added,words stricken are deleted. (3) Dwelling unit density bonus. The maximum dwelling unit density shall be increased only in accordance with the following provisions and limitations: (a) Dwelling unit bonus. The maximum dwelling unit density may increase by one dwelling unit per acre for each 0.02 increase in FAR granted in accordance with § 265-36E(1) of the City Code up to a maximum density of 80 dwelling units per acre. (b) Affordable housing density bonus. The maximum dwelling unit density with bonuses as provided in Subsection E(3)(a) above may increase by ten units per acre to a maximum of 85 units per acre,provided the dwelling units achieved through this bonus comply with the affordable workforce housing provisions of the Housing Element of the adopted Sunny Isles Beach Comprehensive Plan and the provisions of Section 265-39 of the City Code. Section 4. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the same, are hereby repealed Section 5. Severability. If any section, subsection, clause or provision of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be affected by such invalidity. Section 6. Inclusion in the Code. It is 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 7. Effective Date. This Ordinance shall be applied retroactively, and will become effective ten (10) days after adoption at second reading. PASSED and ADOPTED on first reading the l day of iA"6A) , 2016. PASSED and ADOPTED on second reading this 26 'ay of Oc}-o , 2016. c/i/ �G l fol Ge/e H. Scholl, Mayor AT .1\ kz,L,„,,,, ane A. ines, MM C, City Clerk L"l •Ordinance Amending Sections 265-34,36 and 38 3 Words underlined are added,words strieken are deleted. APPROVED AS TO FORM AND LEG•.L . ICIENCY: Han ftt...t, City Attorney Moved by: CO1MM• 4 EN on! Second by: 0..0 Yh. Ct 0 La)put 1144 VOTE: Mayor Scholl -6SEaT- (yes) (no) Vice Mayor Gatto (yes) ✓ (no) Commissioner Aelion (yes ✓ (no) Commissioner Goldman (yes) V (no) Commissioner Levin (yes) ./ (no) Ordinance Amending Sections 265-34,36 and 38 4 Words underlined are added,words stricken are deleted. 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P b 598 '1 bA - %IS U VIIP i gtdgrj :Em6 __Ei.it-uia i mg il Yti ' 5P4 Ti grAvb, 11 p ii 1 a - .ct g -caE P • ,. 1.3r Agra 29'5,9 a �� City Commission _JNNy ts<FCityof SunnyIsles Beach George`Bud"Scholl,Mayor � A. _ ' ` 18070 Collins Avenue, Suite 250Jeanette Gatto Vice Mayor r` _ :.-_ "_ „ Isaac Action, Commissioner Sunny Isles Beach, Florida 33 160 u _ t- x Dana Goldman,Commissioner t-,� -' ; - Jennifer Levin,Commissioner 3 (305)(305)949947-060631 13 Fax Hall A '9 -'' P P Christopher J.Russo City Manager ye 91* F L°�\� 5`` (305)947-2150 Building Department (305)947-5107 Fax Hans Ottinot,City Attorney c/1-'of suo P''o Jane A.Hines,MMC,City Clerk MEMORANDUM TO: The Honorable City Commission FROM: Hans Ottinot, City AttorneyACCY 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