Ord. No. 10-06-1878ORDINANCE NO. 10 -06 -1878
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI AMENDING THE LAND DEVELOPMENT
CODE OF THE CITY OF SOUTH MIAMI BY ADDING A NEW SECTION
20- 4.1(F) ENTITLED "AFFORDABLE HOUSING CONCURRENCY
RESERVE" IN ORDER TO RESERVE THE EXCESS RECREATION
AND PUBLIC PARK LAND ACREAGE ABOVE THE CURRENTLY
ADOPTED LEVEL OF SERVICE TO BE USED EXCLUSIVELY TO
MEET CONCURRENCY REQUIREMENTS FOR AFFORDABLE
HOUSING PROJECTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Article VIII, Section 2 of the Florida Constitution provides that
municipalities shall have governmental, corporate and proprietary powers to enable
municipalities to conduct municipal government, perform municipal functions and render
municipal services; and
WHEREAS, pursuant to the referenced provision of the Florida Constitution, the city
may exercise any power for municipal purposes except as otherwise provided by law; and
WHEREAS, chapter 166, Florida Statutes, the "Municipal Home Rule Powers Act,"
implements the applicable provisions of the Florida Constitution and authorizes municipalities to
exercise any power for municipal purposes, except when expressly prohibited by law and to
enact ordinances in furtherance thereof; and
WHEREAS, within the above referenced grant of powers, the City of South Miami, has
the authority to establish land use and development regulations for the protection of the public
health, safety and welfare; and
WHEREAS, there is a recognized regional shortage of affordable housing which is
contributing to residents overpaying for housing accommodations; and
WHEREAS, persons of low, moderate, or workforce income levels are experiencing
increasing difficulty in locating and maintaining adequate, safe and sanitary affordable housing
within the City of South Miami; and
WHEREAS, some of the residents of the City earn incomes only adequate to pay for
affordable housing and as a result of the short supply within the City, they may be forced to live
in less than adequate housing or pay a disproportionate share of their incomes to live in adequate
housing within the City; and
WHEREAS, the City has determined that escalating land costs and rapidly diminishing
amounts of undeveloped land available to be used to meet the city's recreation and public park
1
Ord. No. 10 -06 -1878
land concurrency requirements renders the future development of affordable dwelling units
within the City unfeasible; and
WHEREAS, it is necessary to mitigate the impacts of market -rate housing on the supply
and cost of affordable and lower than median- income housing, due to the decreasing available
supply of developable sites in the City and the upward pressure on the pricing of all housing in
the community; and
WHEREAS, current development costs, combined with the prices of the housing market
and increased rents for affordable housing makes it difficult to attract adequate new construction
of affordable housing. These circumstances harm the City's ability to attain its goals articulated
in its comprehensive plan; and,
WHEREAS, the City Commission has determined that the adoption of this ordinance is
in the best interest of the public health, safety and welfare; and,
WHEREAS, the City desires as a matter of public policy to reserve the available
recreation and public park land in excess of current demand for concurrency purposes to be
utilized exclusively for future affordable housing projects to ensure that open space needed to
support affordable housing projects is available concurrent with the impacts of such
developments.
WHEREAS, on January 31, 2006 the Planning Board, after public hearing, approved a
motion by a vote of 7 ayes 0 nays to recommend adoption of a proposed amendment to the
South Miami Land Development Code to add Section 20- 4.1(F) entitled "Affordable Housing
Concurrency Reserve "; and
WHEREAS, the Mayor and City Commission of the City of South Miami desire to
accept the recommendation of the Planning Board.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Chapter 20- 4.1(F), entitled "Affordable Housing Concurrency Reserve" of
the City of South Miami code is hereby adopted to read:
(F) Affordable Housing Concurrence Reserve.
(1) Purpose.
The purpose of this chapter is to facilitate the development and availability of housing affordable
to a broad range of households with varying income levels within the City. This chapter is
intended to attain the goals in the city's comprehensive plan by facilitating the development of
housing to adequately provide for the housing needs of all economic segments of the community,
and is particularly concerned with meeting the affordable housing needs of the community. To
meet this goal, the city shall reserve excess concurrency recreation land. The excess
2
Ord. No. 10 -06 -1878
concurrency recreation land shall be used exclusively to meet future concurrency requirements
for affordable housing projects. The excess concurrency recreation and public park land may,
however, be used to develop projects for which concurrency determinations were made and
which received approvals prior to the enactment of this ordinance, or for concurrence for
future annexations. Moreover, the above whereas clauses are incorporated by reference into this
ordinance.
(2) Definitions. For purposes of this ordinance the following terms, phrases, words
and derivations shall have the meaning given herein.
Affordable Housing Project shall mean that segment of the housing market where the
housing being developed is targeted at or reserved for Eligible Households that are unable to
compete effectively in the existing housing market for City of South Miami and Miami Dade
County. The term covers a wide range of providers and tenures including public sector, housing
allocations, joint ventures and owner occupation. Affordable housing is not necessarily low cost
housing and is further defined below under "Eligible Households."
Reserved Public Land shall mean the recreation and public park land available in the
City's inventory that exceeds the City's concurrency requirements and which is reserved to
meet future impacts associated with developing affordable housing projects for Eligible
Households.
Capacity Reservation Allocation shall mean the specific findings made by the City
Commission pursuant to Article V. of the City of South Miami Land Development Code that the
proposed development constitutes an affordable housing project, and as a result, specific acreage
of the Reserved recreation and public park land inventory shall be allocated via a capacity
reservation certificate. An issued capacity reservation certificate shall evidence the allocation of
a portion of the City's Reserved recreation and public park land inventory.
Capacity Reservation Certificate shall mean the reserved recreation and public park land
allocated by the City Commission for an affordable housing project development application for
a period that corresponds with the associated development permit.
Developer shall mean any person, business, or other legal entity that seeks approval from
the city to construct residential units.
Eligible Households shall mean those households determined by the Miami -Dade County
Affordable Housing Agency or other public housing agency to be not less than 90% or more than
120% of the Median Household Income (work force housing). Eligible Households shall also
encompass households or residential developments provided as part of an affordable housing
program (adhering to U.S. Housing and Urban Development Guidelines, to wit: — moderate
income households must be at 80% of area median family /household income; low- income must
be at 50% of area median family /household income; and very low - income must be at 30% of
area median family /household income) or any other federal or state affordable housing and
community development programs. In the event the criteria for qualifying as an eligible
household is adjusted subsequent to the enactment of this section, the definition of eligible
3
Ord. No. 10 -06 -1878
households for purposes of this section shall be the latest criteria promulgated by the Miami -
Dade Housing Agency.
Median Household Income means the median income of a household within Miami -Dade
County. The Median Household Income shall be determined by Miami -Dade County Housing
Agency.
(3) Application for Certificate of Capacity Reservation.
An application for obtaining a certificate pursuant to this ordinance shall be made to the City
Commission on a form provided by the Planning Director.
Information to be provided by the applicant shall include at a minimum:
(a) A property survey by a registered surveyor;
(b) A letter of intent;
(c) A site plan;
(d) Where the use includes a vehicular use area or landscaped buffer, a proposed landscape
plan and information regarding permanent maintenance arrangements;
(e) A neighborhood location map showing all surrounding land uses within five hundred
(500) feet of the proposed site;
(f) All information required for any other type of land use, zoning, or building application
necessary for processing the development project; and
(g) Any other information necessary to demonstrate that the proposed use will conform fully
with the requirements of this Code.
(h) An affidavit affirming that upon receipt of the Certificate of Capacity Reservation, the
owner of the property shall record a covenant running with the land, or a declaration of
restrictions, in a form satisfactory to the city attorney and in compliance with US HUD
regulations, requiring the affordable housing project be used for affordable housing
purposes for Eligible Households for a minimum of 30 years. Failure to comply with the
covenant shall result in the revocation of the Capacity Reservation Certificate, and further
enforcement action as indicated at section 2 -4.1 (17)(5).
(i) An affidavit affirming that upon receipt of the Certificate of Capacity Reservation, the
owner of the property shall record a covenant running with the land, or a declaration of
restrictions, in a form satisfactory to the city attorney, that shall require annual reporting
to the municipality of rent rolls or annual unit sales, which annual reports shall verify
compliance with subsection (h), above.
12
Ord. No. 10 -06 -1878
(4) Approval of Capacity Reservation.
(a) The Planning and Zoning Department shall prepare a staff report for the City
Commission which shall include a concurrency calculation and findings of fact relating to
the application and a statement that the proposed projects complies with the definition of
Eligible Households and the criteria delineated in Section 20 -4.1 (F) (3).
(b) The applicant shall be scheduled for a public hearing before the City Commission as a
resolution.
(c) The Applicant shall appear at the public hearing before the City Commission and present
the application request for the issuance of a Certificate of Capacity Reservation. After
the hearing the City Commission shall at its discretion approve, modi or deny the
application.
(5) Enforcement.
(a) This ordinance may be enforced as provided for by Florida law, including the filing of an
action in a court of competent jurisdiction to obtain civil remedies, including a restraining
order, injunction and damages. Any enumeration of enforcement mechanisms set forth
herein is supplemental and not exclusive.
(b) In the event that a court of competent jurisdiction finds that an affordable housing
developer has failed to meet the requirements of section 20- 4.1(F), the city's building
official is hereby authorized to issue a stop work order on all development activity or
other approvals requiring site plan review.
(c) In the event, the affordable housing project developers, owners, and affiliates, fail to
comply with the restrictive covenants identified in section 2 -4.1 (F) (3) (h) and (i), the
city may seek specific performance under the covenant, require damages satisfactory to
replace the revoked Capacity Reservation Certificate or require the party to purchase land
to be used for recreation and public park land purposes.
(6) Transferability of Certificate.
No Certificate of Capacity Reservation may be sold, assigned, mortgaged or otherwise
transferred without the prior approval of the City Commission, at a public hearing and adoption
of a resolution authorizing the proposed transaction.
Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held
invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the
validity of the remaining portions of this ordinance.
Section 3. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are repealed.
E
Ord. No. 10 -06 -1878
Section 4. This ordinance shall take effect immediately upon adoption.
PASSED AND ADOPTED this "/ 'day of (�41111; 2006.
TTEST:
( /)� ad
'`°O Y CLE
:►0
M
AS TO FORM
APPROVED:
MA O
9
1 aReadmg
2 - 3/21/06
R
ea d'
mg -
3rd Reading: 4/4/06
COMMISSION VOTE:
4-0
Mayor Feliu:
Yea
Vice Mayor Wiscombe:
absent
Commissioner Palmer:
Yea
Commissioner Birts:
Yea
Commissioner Beckman:
Yea
E: \Comm Items\ 2006 \4- 4- 06TB -06 -005 Affordable Housing Ordinance.doc
South Miami
All-America City
r
° I:YCORPORATED • CITY OF SOUTH MIAMI 1111. W
�� o Ri9P OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2ooi
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Yvonne S. McKinley, Acting City Manager
From: Don O'Donniley, Planning Director
Date: April 4, 2006
Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH
MIAMI BY ADDING A NEW SECTION 20- 4.1(F) ENTITLED "AFFORDABLE HOUSING
CONCURRENCY" IN ORDER TO RESERVE THE EXCESS RECREATION /PUBLIC
PARK LAND ACREAGE ABOVE THE ADOPTED LEVEL OF SERVICE TO BE USED
EXCLUSIVELY TO MEET CONCURRENCY FOR AFFORDABLE HOUSING
PROJECTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE
Request: It is proposed that as a matter of public policy the City will reserve the available public
recreational and park land in excess of current demand for concurrency purposes to be
utilized exclusively for future affordable housing projects. This will ensure that recreational
and public park land acreage needed to support affordable housing projects is available
concurrent with the impacts of such developments
The attached ordinance amends Land Development Code Section 20 -4.1, which is
entitled "Adequate Public facilities and services ". This section of the Code provides a list
of level of service standards which must be enforced as part of the City's concurrency
program. The draft ordinance adds a new sub - section, Sec. 20- 4.1(F), "Affordable
Housing Concurrency Reserve ". The Planning Board at its January 31, 2006 meeting
adopted a motion by a vote of 7 ayes 0 nays recommending approval of the proposed
legislation.
The City Commission approved the proposed ordinance on second reading at its March
21, 2006 meeting. At that time the ordinance was amended to add "annexation" as a
purpose for which the excess recreational and park land concurrency acreage could be
used for.
Backup Documentation:
Proposed ordinance
City Commission Staff Report 3 -21 -06
Excerpt from EAR Document (p. 52) pertaining to r/p concurrency
Planning Board Minutes 1 -31 -06 Excerpt
Public notices
DOD /SAY
E: \Comm Items\2 06 \4-4 -06TDC Amend Afford Housing Concurrency report.doc
of Soupy South Miami
�-
All-Am CRY
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° INCORPORATED °
1927
LOR-1
2001
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
To: Honorable Mayor, Vice Mayor Date: March 21, 2006
& Commission Members
ITEM No.
From: Yvonne S. McKinley RE: LDC Amend ent —
Acting City Manager Affordable Housing Concurrency
ORDINANCE
AN ORDINANCE OF THE MAYOR AND CITY .COMMISSION OF THE CITY OF SOUTH
MIAMI AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI
BY ADDING A NEW SECTION 20- 4.1(F) ENTITLED "AFFORDABLE HOUSING
CONCURRENCY" IN ORDER TO RESERVE THE EXCESS RECREATION/PUBLIC PARK
LAND ACREAGE ABOVE THE ADOPTED LEVEL OF SERVICE TO BE USED
EXCLUSIVELY TO MEET CONCURRENCY FOR AFFORDABLE HOUSING PROJECTS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
BACKGROUND
There is a recognized regional shortage of affordable housing which is contributing to residents
overpaying for housing accommodations. Persons of low, moderate, or workforce income levels are
experiencing increasing difficulty in locating and maintaining adequate, safe and sanitary affordable
housing within the City of South Miami. Some City residents earn incomes only adequate to pay for
affordable housing and as a result of the short supply within the City, they may be forced to live in less
than adequate housing or pay a disproportionate share of their incomes to live in adequate housing within
the City. In addition, the City has determined that escalating land costs and rapidly diminishing amounts
of undeveloped land available to be used to meet the city's recreational and park land concurrency
requirements renders the future development of affordable dwelling units within the City unfeasible.
RELATIONSHIP BETWEEN HOUSING AND CONCURRENCY
The City's Comprehensive Plan sets forth a standard that the City must maintain a concurrency standard
of 4 acres of recreation and public park land for every 1000 residents. Concurrent with additional new
housing development the City added (purchased) additional recreational and public park land acreage. In
2005 the City negotiated the purchase of the former YMCA property which is now called South Miami
Park. The result is that the City has 51.54 acres of recreation and public park land, which is a surplus of
1 of 2
_r
j.
i�
4.14 acres above the required level of service. A local government may use this surplus acreage to allow
or encourage expansion of housing units. The government has the authority to charge a developer a
concurrency fee in order to buy required additional acreage or to reserve the acreage for a project.
The above authority formed the basis for the concurrency payment being required of two major mixed
use - housing projects which were approved for development in 2005. These payments helped the City to
fund the purchase of the South Miami Park. The City now has 4.14 acres of recreational and public park
land to allocate to new housing projects.
IMPLEMENTING AN AFFORDABLE HOUSING POLICY
Discussion at a recent City Commission meeting by the Mayor and Commissioner Sherar encouraged
staff to consider some form of legislation which would allow the City to use its very valuable commodity
of concurrency surplus to further certain housing objectives. Current development costs, combined with
the prices of the housing market and increased rents for affordable housing makes it difficult to attract
adequate new construction of affordable housing. These circumstances harm the City's ability to attain its
affordable housing goals articulated in its Comprehensive Plan.
It is proposed that as a matter of public policy the City will reserve the available public recreational and
park land in excess of current demand for concurrency purposes to be utilized exclusively for future
affordable housing projects. This will ensure that recreational and public park land acreage needed to
support affordable housing projects is available concurrent with the impacts of such developments.
PROPOSED AMENDMENT
The attached ordinance amends Land Development Code Section 20 -4.1, which is entitled "Adequate
Public facilities and services ". This section of the Code provides a list of level of service standards which
must be enforced as part of the City's concurrency program. The draft ordinance adds a new sub - section ,
Sec. 20- 4.1(F), "Affordable Housing Concurrency Reserve ".
The proposed legislation establishes .a program which limits the use of the excess recreational and public
park land acreage to meet the concurrency requirements for affordable housing projects. The legislation
sets up eligibility requirements and an application process. The final product is a Certificate. of Capacity
Reservation being issued to a prospective developer of affordable housing units. As discussed at first
reading the final decision on approving a capacity certificate is the City Commission. It is important to
note that Section (4)(c) on p.5 of the ordinance has been amended to clarify that the Commission at its
discretion can approve, modify or deny the application.
PLANNING BOARD ACTION
The Planning Board at its January 31, 2006 meeting adopted a motion by a vote of 7 ayes 0 nays
recommending approval of the proposed legislation.
RECOMMENDATION
It is recommended that the proposed amendment be adopted.
Attachments:
Proposed ordinance
Excerpt from EAR Document (p. 52) pertaining to r/p concurrency
Planning Board Minutes 1 -31 -06 Excerpt
Public notices
YSM /DOD /SAY >'_-)
E: \Comm Items\2006\3- 21- 06\PB -06 -005 LDC Amend Affordable Report.doc
2 of 2
DRAFT City of South Miami 2005 Evaluation and Appraisal Report — August 2005 Draft
II.C. PARKS AND RECREATION
1. Issue Description and Analysis
As a substantially developed urban center, the City of South Miami needs parks and open
space to provide urban relief and an aesthetically pleasing environment. Parks provide
numerous recreational, educational, and environmental benefits, and are an important
component of quality of life. The City is committed to providing recreation and open space
to current and future residents through its Parks and Recreation Department, and
coordination with other public and private agencies, including Miami -Dade County Public
Schools and the Y.M.C.A.
The City's adopted Level of Service standard for recreation and open space is four acres of
parks, including School Board facilities, per 1,000 residents. Based on its 2005 population
of 10, 850, the City must therefore provide 43.4 acres recreation open space in order to meet
its -Level of Service standard. Additionally, recent approvals for residential development
are projected to increase the City's population by approximately 1,000 residents, which
would increase the recreation and open space acreage that the City must provide to 47.4
acres upon the issuance of building permits. (Please note that pending projects are not
considered in the preparation of the official population projections for the City by the State
of Florida, as they are not considered to be an independent source. They are therefore not
considered in the population projections reported in Chapters I. and IV. of this document.)
C Table III.C.l. below identifies the City's public and park/school recreation and open space
by type and acreage. The location of these parks is shown on Figure II.C.1. As can be
seen, the City is providing 51.54 acres of recreation and open space, exceeding its adopted
Level of Service Standard by 8.14 acres, or 4.14 acres is pending projects are considered.
It should be noted that this calculation excludes such quasi - public facilities as the 3.5 acre
Girl Scout House, which also address the recreation and open space needs of City residents.
Table II.C.1.
Recreation and Open S13ace Inventory
T e
Name
Acrea e
Community
Palmer Park/South Miami Field
9.9
Neighborhood
Dante Fascell Park
7.5
Neighborhood
Fuchs Park
5
Neiiahborbood
Brewer Park
1.5
Neighborhood
Murray Park
3.5
Neighborhood
Marshall Williamson
3.5
Neighborhood
Jean Willis Park
.5
Y.M.C.A.
9.6
Passive
All- America Park
1.4
Passive
Van Smith
1.14
Park/School
Ludlum Elementary
2.5
Park/School
South Miami Element
4
Park/School
JRE Lee Community
1.5
Total
51.54
52
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting Action Summary Minutes
Tuesday, January 31, 2006
City Commission Chambers
7:30 P.M.
EXCERPT
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:35 P.M.
Action: The Pledge of Allegiance was recited in unison.
II. Roll Call.
Action: Mr. Morton, Chairperson, requested a roll call.
Board members present constituting a quorum: Mr. Morton, Ms. Lahiff, Ms. Yates,
Mr. Beilman, Mr. Comendeiro, Mr. Davis and Mr. Farfan.
Board members absent: None
City staff present: R. Don O'Donniley, AICP (Planning Director) Sanford A. Youkilis,
AICP (Planning Consultant), Jim Montalvo, Esq. (City Attorney), Brian Edney (Video
Support), and Patricia E. Lauderman (Planning Board Secretary).
PB_ 06 =005
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF
SOUTH MIAMI BY ADDING A NEW SECTION 20- 4.1(F) ENTITLED "AFFORDABLE
HOUSING CONCURRENCY" IN ORDER TO RESERVE THE EXCESS
RECREATION/PUBLIC PARK LAND ACREAGE ABOVE THE ADOPTED LEVEL OF
SERVICE TO BE USED EXCLUSIVELY TO MEET CONCURRENCY FOR
AFFORDABLE HOUSING PROJECTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN A EFFECTIVE
DATE.
Action: Ms. Lahiff read the item into the record. Mr. O'Donniley explained to the Board
that a discussion at a recent City Commission meeting, Mayor Russell and Commissioner
Planning Board Meeting
January 31, 2006
Page 2 of 3
Sherar encouraged staff to consider some form of legislation that would allow the City to
use its very valuable commodity of concurrency surplus to further certain housing
objectives. Current development costs, combined with the prices of the housing market
and increased rents for affordable housing makes it difficult to attract adequate new
construction of affordable housing. These circumstances harm the City's ability to attain
its affordable housing goals articulated in its Comprehensive Plan.
Additionally, Mr. O'Donniley indicated that it is proposed that as a matter of public policy
the City will reserve the available public recreational and park land in excess of current
demand for concurrency purposes to be utilized exclusively for future affordable housing
projects. This will ensure that recreational and public park land acreage needed to support
affordable housing projects is available concurrent with the impacts of such developments.
Mr. O'Donniley also stated that the City's Comprehensive Plan sets forth a standard that
the City must maintain a concurrency standard of 4 acres of recreation and public park land
for every 1000 residents. In 2005 the City negotiated the purchase of the former YMCA
property which is now called South Miami Park. The result is that the City has 51.54 acres
of recreation and public park land, which is a surplus of 4.14 acres above the required level
of service. A local government may use this surplus acreage to allow or encourage
expansion of housing units. The government has the authority to charge a developer a
concurrency fee in order to buy required additional acreage or to reserve the acreage for a
proj ect.
The Board began discussion on the proposed amendment found in Land Development
Code Section 20 -4.1, which is entitled "Adequate Public facilities and services ". This
section of the Code provides a list of level of service standards which must be enforced as
part of the City's concurrency program. The draft ordinance adds a new sub - section, Sec.
20-4.1(F), "Affordable Housing Concurrency Reserve ".
Furthermore, the Board addressed the proposed legislation that establishes a program
which limits the use of the excess recreational and public park land acreage to meet the
concurrency requirements for affordable housing projects. The legislation sets up
eligibility requirements and an application process. The final product is a Certificate of
Capacity Reservation being issued to a prospective developer of affordable housing units.
Recommendation
Staff recommended that the proposed amendment be approved.
Chairman Mr. Morton opened the public hearing.
Speakers:
NAME ADDRESS SUPPORT /OPPOSE
Jay Beckman Opposed
Mr. Beckman indicated that the city's park land requirement needs to be addressed in order
to meet concurrency for current population. He advised the Board to review carefully the
ordinance so that adequate park land concurrency is maintained in the future.
Yvonne Beckman Supported
Planning Board Meeting
January 31, 2006
Page 3 of 3
Ms. Beckman agreed with the ordinance because she believed affordable housing is a
necessity in the City.
Chair Morton closed the hearing.
Motion: Ms. Yates motioned to approve PB -06 -005. Mr. Comendeiro seconded the
motion.
Vote: Ayes 7 Nays 0
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he or she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
Review f /k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING 4/4/2006
in the XXXX Court,
was published in said newspaper in the issues of
03/24/2006
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, co fission or refund for the purpose
r
of securin is ad v sem t for publication in the said
newspa .
Sworn to and subscribed before me this
24 day of MARCH , A.D. 2006
(SEAL)
O.V. FERBEYRE personally known to me
fop 04 H Marmer
+� My Commission DD338559
�r� F Expues,July 18, 2008
CITY,OF SOUTH MIAMI '
is N
NOTICE OF PU,BL.IC HEARING' `
NOTICE IS HEREBY given that the City Commission of. the City of South'
. Miami, Florida. will conduct Public Hearings. at Its regular City, Commis =,
sloe: meeting scheduled for:Tuesday, Apnl 4, 2006 beginning at 7.30 p.m
in .the;City Commission Chambers, 6130 Sun`setbrive, to consider the
following items: _ _ -
AN ORDINANCE OF THE MAYOR AND 1CITY COMMI';310N
OF.THE CITY =OF SOUTH MIAMI, = FLORIDA= :AMENDING
SECTION 2.26.11(F) OF THE,CODE.= OF;ORDINANCESIIN
ORDER TO PROVIDE THAT THE TERM OF OPERATION 'OF
THE = AFFORDABLE _:HOUSING? =ADVISORY;- rCOMMITTEE
<SHALL�BE EXTENDED; PROVIDING FOR`SEVERABILITY g� .
-'PROVIDING ;FOR,- ORDINANCES. PAN :;CONFLICT,': ;AND l
PROVIDING FOR AN EFFECTIVE DATE• 1 r ('
AN ORDINANCE OF THE MAYOR AND CITY.COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA - AMENDING
LAND. DEVELOPMENT CODE �OF THE CITY;°OF. SOUTH
:MIAMI BY. ADDING .=A'NEW_ ,SECTION 20-4.1(F)•ENTITLED
" AFFORDABLE :HOUSING;CONCURRENCYRESERVE ":IN
ORDER TO RESERVE THE EXOESS .RECREATION -AND
PUBLIC PARKLANDACREAGE!ABOVE= THE.CURRENTLY
-%, ADOPTED LEVEL OF,$ERVICE TO.BE USED.EXCLUSIVELY
TO MEET CONCURRENCY REQUIREMENTSFOR AFFORD -
ABLE HOUSING . 'a PROJECTS, "PROVIDING `FOR
SEVERABILITY, PROVIDING ;FOR : "=`ORDINANCES; ;:IN
'= :CONFLICT; AND PROVIDING AN EFFECTIVE DATE
4� , y
RESOLUTION OF THE MAYOR AND CITY COMMISSION -OF
"THE .CITY OF SOUTH MIAMI, = FLORIDA -REL ONG- . A
;REQUEST PURSUANT TO SECTION 20-3.4(8)(4)(b) OF THE
=LAND DEVELOPMENT CODE FOR SPECIALUSE APPROV- ;`.,,: '
>AL'`T0 .ALLOW .THE:-EXPANSION OF zTHE ` SUSHt::MAKI `
RESTAURANT =INTO _AN:ADJACENT.STORE'LOCATED'AT
5816 SUNSET�DRIVE :IN. THE`.'.'SR'(HD- OV) ";. =SPECIALTY
RETAIL ;HOMETOWN _t `'DISTRICT =:OVERLAY ZONING
DISTRICT; PROVIDING FOR AN EFFECTIVE DATE
Above Items ban be Inspected in the City Clerks Office;-Monday n; Fnday
during regularoffice hours.
If you have any inquiries on the above items please contact the Planning
and Zoning office at: 305 - 663 -6326 -
ALL interested parties are Invited to attend and will be heard
-Maria M. Menendez, CMC
_ -t
City Clerk
Pursuant to Florida Statutes 286 0105 the City herebyadvises the public'
that if a''person decides o appeal `any decision made by this Board,
Agency or Commission .with respect to 'any matter considered at its
'meeting or hearing, he or she will need a record of the proceedings, and
that for such purpose, affected person may need to ensure that a verbatim
record of the proceedings is made which record includes the_testimonq.
and evidence upon which the appeal is to be based
.3/24, _,,, 06-3-29/658086M