4Sout~iami
TH E C ITY OF PLEASAN T LIVI NG
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
MEMORANDUM
To: The Honorable Mayor and City Commissioners
From: Steven Alexander, City Manager
CC Dwayne Williams, Planning Director
Date: October 14, 2015 Agenda Item NO.:_~
SUBJECT:
An Ordinance amending the City of South Miami Land Development Code,
Article III, Section 20 -3 .3, "Permitted Use Schedule," and other applicable
provisions, to increase densities in the Specialty Retail SR zoning district, only
within the Community Redevelopment Area, by providing for bonuses for
projects containing prescribed percentages of affordable or workforce housing,
and amending Section 20-3.4, Special Use Conditions, to add a new subsection
(24), prescribing conditions for the implementation of the bonus for projects
containing affordable and workforce housing, and to correct a scrivener's error
in Section 20-5.8 referring to the Permitted Use Schedule.
BACKGROUND:
The City desires to foster development that benefits its residents and
construction of affordable and workforce housing is an established goal in the
City's Comprehensive Plan. In order to implement affordable housing projects
such as the Madison Square project, it is necessary to provide for a sufficient
level of development in order to qualify for funding opportunities. The increase
of residential development intensities in targeted zoning districts to provide for
the development of sustainable affordable and workforce housing is an
appropriate means to implement these strategies and has been made necessary
by the State of Florida's policies to encourage more provision of affordable
housing opportunities by raising the minimum level of units to be able to
qualify for tax credits which in most cases are essential to the developments.
The City's Comprehensive Plan, Housing Element, Housing Policy 1.5.2, was
established to encourage affordable housing within the City, and encouraged
the granting of a density increase, which is compatible with surrounding
development and site characteristics. To this end, and by separate action the
City Commission will consider increasing the bonus for affordable, low
affordable, and workforce housing to 30%.
Since it is important to provide for oversight in the form of special
authorization for the use of such bonus, we recommend that such oversi!;1ht be
accomplished through the requirement of a special use authorization, /eviewed
by both the Planning Board and City Commission, and considered for approval
by the City Commission after public hearing.
ANALYSIS:
The proposed Ordinance amends the Land Development Code, Article III Section
20-3.3 Permitted Use Schedule. The amendment will allow multi-family
dwelling as a permitted right in the existing zoning districts with densities
necessary to encourage the creation of additional workforce and affordable
housing (see chart below).
ZONING DISTRICT
T T T T T L M 0 0 0
0 0 USE R C P R R R R R R R R D D D P
TYPE M R L M N S G D D P 0 A S S S S S T T M U D D D H R 2 oeo R R R D D R N R 1 234 569 1 A M M L 4 P P D K 8 H U U I I R
4 5 4
Dwellin
gMulti-P S PIS p P P P 17 3 P • Family
The proposed amendment to the Permitted Use Schedule will be applicable to
the Multi-Family dwellings in Specialty Retail (SR) zoning districts only within
the Community Redevelopment Area. This modification will allow the land use
to remain as a permitted right, but will match the density recommendations of
the proposed revisions of the Comprehensive Plan.
• SR zoning district: 45 dwelling units per acre (CRA)
• SR zoning district: 24 dwelling units per acre (City Wide)
The creation of a new subsection 20-3.4 (24) will provide the quantitative
language for Special Use approval for developments providing affordable and
workforce housing. In addition to the above mentioned SpeCial Use
modifications, the amendment also corrects an error found in the South Miami
Land Development Code Article V, "Procedures and Applications," Section 20-
5.8 Special Use Approval-subsection (A) Use Schedule Reference by removing
the incorrect reference note, Section 20-3.4E and replaces it with, 20-3.3(0)
Permitted Use Schedule.
PLANNING BOARD RECOMMENDATION:
At the September 29, 2015 public hearing the Planning Board recommended
approval to the Commissioners with a vote of 6 to 1.
ATTACHMENTS:
• Ordinance amending the City of South Miami Land Development Code,
Article III, Section 20-3.3, "Permitted Use Schedule
1
2 Ordinance No. 3 ----------------
4 An Ordinance amending the City of South Miami Land Development
5 Code, Article III, Section 20-3.3, "Permitted Use Schedule," and other
6 applicable provisions, to increase densities in the Low Density Multi-
7 Family Residential District RM-18 and Specialty Retail SR zoning
8 districts, and to provide for bonuses for projects containing
9 prescribed percentages of affordable or workforce housing, and
10 amending Section 20-3.4, Special Use Conditions, to add a new
11 subsection (24) prescribing conditions for the implementation of the
12 bonus for projects containing affordable and workforce housing, and
13 to correct a scrivener's error in Section 20-5.8 referring to the
14 Permitted Use Schedule.
15
16 WHEREAS, the City desires to foster development that benefits its residents;
17 and
18
19 WHEREAS, construction of affordable and workforce housing is a goal in
20 the City's Comprehensive Plan; and
21
22 WHEREAS, in order to implement affordable housing projects it is necessary
23 to provide for a sufficient level of development in order to qualify for funding
24 opportunities; and
25
26 WHEREAS, the increase of residential development intensities in targeted
27 zoning districts to provide for the development of sustainable affordable and
28 workforce housing is an appropriate means to implement these strategies; and
29
30 WHEREAS, the Comprehensive Plan, Housing Element, Housing Policy
31 \.5.2, provides: "In consideration of a developer's provision of affordable housing,
32 the City shall consider granting a density increase proportional to the number of units
33 provided but not exceeding a 20% increase, to the extent that such an increase is
34 compatible with surrounding development and site characteristics;" and
35
36 WHEREAS, by separate action the City Commission will consider increasing
37 the bonus for affordable and workforce housing to 30%; and
38
39 WHEREAS, it is important to provide for oversight in the use of such bonus,
40 and the Administration recommends that such oversight be accomplished through the
41 requirement of a special use permit, reviewed by both the Planning Board and City
42 Commission, and considered for approval by the City Commission after public
43 hearing; and
44
45 WHEREAS, a scrivener's error has been found in the Land Development
46 Code in its reference to the Schedule of Uses, which error is corrected via this
1 amendment; and
2
3 WHEREAS, the City Commission desire to implement the above through the
4 adoption of this Ordinance.
S
6 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
7 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
8
9 Section 1. South Miami Land Development Code Article III, "Zoning
10 Regulations," Section 20-3.3(D), "Permitted Use Schedule," is hereby amended to
11 read as follows:
12 SECTION 20-3.3(D)
13 PERMITTED USE SCHEDULE
14
P =
S =
COND =
PARK =
X =
USE TYPE
PLANNED
UNIT
DEVELOP
MENT
RESIDENT
IAL USES
PERMITTED BY RIGHT
PERMITTED AS SPECIAL USE
SPECIAL USE CONDITIONS (See Section 20-3.4
PARKING REQUIREMENTS (See Section 20-4.4(B»
No conditions were adopted
RRRRRRR L R
R
SSSSSTTM M
I 2
12345698 4
ZONING DISTRICT
RLMN S
OOOR R
SSSSSSS S SSSSSSSS S
C P
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Boardinghou PP se P P P P P
Dwelling,
Single-PPPPPPP P P S
Family
Dwelling, P P P P P P Tourist
Dwelling, PP P P S P P P P P Townhouse
Dwelling, P P P S P Two-Family
Dwelling, P,! Multi-P P S P P P P
Family S*
*Increases in density for the purpose of encouraging the construction of
affordable and workforce housing units in multi-family residential district
may be provided by Special Use approval as provided and as defined in
Section 20-3.4(24). This increase over the designated units per acre
includes the density bonuses for affordable and/or workforce housing
within the Community Redevelopment Area provided in the
Comprehensive Plan, HOU Policy 1.5.2.
I
7 1
3
I 2
7
I I 7
I 3
7
Section 2. South Miami Land Development Code Article III, "Zoning
Regulations," Section 20-3.4, "Special use conditions," is hereby amended to read as
follows:
20-3.4 -Special use conditions.
Any of the following special uses may be approved and permitted by the city
commission at a public hearing, after a recommendation by the planning board,
provided that such use is specifically listed as a permitted special use in the
appropriate district column in the Permitted Use Schedule (Section 20-3.3D), and that
such use complies with the following general and special requirements and any other
conditions that the city commission may consider appropriate and necessary:
* * *
(24) AFFORDABLE AND WORKFORCE HOUSING: The following
requirements shall be applicable to all projects in the SR zoning districts
that permit multi-family residential dwelling units within the Community
Redevelopment Area and that seek an increase in residential dwelling
units per acre, in order to provide affordable and/or workforce housing,
where designated as permitted by special use in Section 20-3.3, including
1 increases that are being sought through the bonus contemplated by
2 Comprehensive Plan, HOU Policy 1.5.2:
3
4 (a) The density in units per acre as set forth in the Land Development Code or
5 Comprehensive Plan. whichever is more restrictive. may be increased to a
6 maximum of 10% for the construction of units in each of the following categories
7 that are defined as (1) low income affordable housing. (2) affordable housing.
8 and (3) workforce housing. but not to exceed the maximum combined aggregate
9 of 30% for the three categories. Lower income housing may receive an
10 additional bonus by increasing the number of lower income housing units and
11 reducing the number of units from a higher income category. but not vice versa.
12 i.e .. a maximum bonus of 30% would be available for low income affordable
13 housing but workforce housing would be limited to a 10% bonus. See chart
14 below. To obtain this density bonus the City Commission must approve an
15 application for a Special Use based on the applicable criteria in this Code. and
16 owner must execute and record a declaration of restrictive covenants running
17 with and binding the land to maintain and rent these units to eligible persons.
18 for rents not to exceed 30% of the eligible income of the relevant housing
19 category. for 50 years from the date of the issuance of the certificate of
20 occupancy. if recorded. otherwise from the date of the recording of the
21 declaration of restrictive covenants applicable to these units. The definition of
22 low affordable. affordable and workforce housing shall be as defined by Miami-
23 Dade County. Public Housing and Community Development Department or its
24 successor. as of the date of the application for Special Use Permit.
25
26 i) households earning in excess of 80% but not exceeding 120% of the
27 area median income for Miami-Dade County (AMI) (Workforce housing);
28 ii) households earning 50% or more but not exceeding 80% of the AMI
29 (Affordable housing); and
30 iii) households earning less than 50% of the AMI (Low Affordable
31 housing).
32
33 All fractional calculations will be rounded up to provide more affordable and/or
34 workforce housing units.
35
36 The following table represents the maximum bonus incentives for each housing category with a
37 maximum bonus for all housing category of 30%.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
F.A.R
Density Bonus Increase DweDing
Percentage (Floor Area Units (CRA) Action Needed
Ratio)
No Bonus 2.0 45 units per acre Pennitted by right
10% 2.0 50 units per acre
For residents of 80-120%
Area Median Income (AMI)
20% 2.0 54 units per acre
For residents of 50-
< 80% of Area Median
Income (AMI)
30% 2.0 59 units per acre For residents of
<50% of Area Median
Income
(AMI)
(b) Applicants must demonstrate that the proposed increase can be accommodated
within the scope of the project and is compatible with surrounding properties.
(c) There is no entitlement to the maximum density and applicants must justify
any density increase above that which is permitted as of right in the applicable
zoning district.
(d) Applicants must demonstrate that they satisfy all other applicable criteria and
requirements for the development of affordable/workforce housing.
Section 3. South Miami Land Development Code Article V, "Procedures and
Applications," Section 20-5.8, "Special use approvals," is hereby amended to read as
follows:
20-5.8 -Special use approvals.
(A) Use Schedule Reference. A special use may be granted for any use indicated
in the Permitted Use Schedule (Section 20 JAB 20-3.3(D)) with an "S"
designation in the appropriate district column.
* • *
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Section 4. Codification. The provisions of this ordinance shall become and be
made part of the Land Development Code of the City of South Miami as amended.
Section 5. Severability. If any section, clause, sentence, or phrase of this
ordinance is for any reason held invalid or unconstitutional by a court of competent
jurisdiction, this holding shall not affect the validity of the remaining portions of this
ordinance or the Guidelines adopted hereunder.
Section 6. Ordinances in Conflict. All ordinances or parts of ordinances and all
sections and parts of sections of ordinances in direct conflict herewith are hereby
repealed.
Section 7. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this __ day of _____ ., 2015.
Rev. 13.
ATTEST:
CITY CLERK
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Liebman:
Commissioner Edmond:
Commissioner Welsh:
32SE I NEIGHBORS
-----------------
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
I SUNDAY OCTOBER 4 201S
MIAMIHERAlO.(OM
NOTICE IS HEREBY given that the City Commission of tbe City of South Miami, Florida will conduct Public Hearing(s)
beginning at 8 :30 p.m. at its Special City Commission meeting scheduled for \Vednesday) October 14, 2015 in the City Commission
Chambers, 6130 Sunset Drive, to consider the following item(s):
An Ordinance Adopting The City of Soulh Miami 2015 Text Amendments to the Comprehensive Plan Future Land Use And Housing Elements.
And Authorizing Transmittal To The Florida Department Of Economic Opporhmity and Review Agencies.
An Ordinance Adopting a Small Scale Amendment to the Future Land Use :-v1ap of the Compn;:,hensive Plan. amending the designation of the
\1ar8ha11 Williamson property located at approximately SW 6pt Cotl11 and SW 64'" Terrace, from Single Family Residential -Two Story to
~ultifamily Residential--Four Story.
An Ordinance amending the Official Zoning Map as provided in the City of South Miami Land Development Code, Article 11L "Zoning Regulations,"
Section 20-3.1 (C), and other applicable provisions. amending the designation of the Marshall Williamson property located at approximately SW
61" Court and SW 64 tl ' Terrace, from Small Lot Single-Family Residenlial District RS-4 to Low Density Multi-Family Residential District RM-18.
(
An Ordinance amending the City of South ).I[iami Land Development Code, Article JIl, Section 20-3.3, "Permitted Use Schedule:' and othe~.
applicable provisions, to increase densities in the Low Density Multi-Family Residential District RM-18 and Specialty Retail SR zoning districts,
and to provide for bonuses for projects containing prescribed percentages of affordable or workforce housing, and amencling Section 20-3.4.
Speciallse ConditIOns, to add a nev,· subsectiOn (24) prescriblllgcondltlOns for the implementation ofthe bonus for projects contallling affordable
and workforce housing, and to correct a scrivener's error in Secllon 20-5.8 referring to the Pennitted Usc Schedule.
An Ordinance amending the City of South Miami Land Development Code, Article 111, "Zoning Regulations, Section 20-3.5, "Dimensional
Requirements:' and other applicable provisions, to adjust the density caps in the Multi-Family Residential District RM-18, RM-24 and Specialty
Retail SR zoning districts to increase density in the SR zoning district and to allow the City Commission to approve Special Use applicatlOIls for
density bonuses for <1ffordable housing as permitted in Sections 20-3.3 and 20-3.4(24).
An Ordinance amending the City of South Miami Land Development Code, Article IV, "Other Regulations," Section 20-4.4. "Off-street parking
requirements," Subsection (B), "Space Requirements," to create new subsection (B)(J 7), to establish a revised parking requirement for projects
containing affordable or workforce housing units meeting specified criteria and located within a certain distance from the Metrorail Transit Station.
An Ordinance Adopting a Small Scale Amendment to the Future Land Use \1ap of the Comprehensive Plan, amending the designation of the
Sylva Martin Building and a parking lot on the City Hall property located at 6130 Sunset Drive from Parks and Open Space to Transit Oriented
DevelopmenllJislrict (TODD).
An Ordinance Adopting an Amendment to the Future Land Cse Map of the Comprehensive Plan, amending the area including the Underline linear
park located under the Metrorail to designate it as Parks and Open Space, and Authorizing Transmittal to The F10lida Department of Economic
Opportunity and Review Agencies.
A Resolution of the Mayor and City Commission of the City of South Miami pursuant to Section 20-3.5(D)(I) and other applicable provisions
of the City of South Miami Land Development Code approving an increase from two stories to four stories on property for the Madi~oJJ Squllre
atTordable housing project.
ALL interested parties are invited to attend and will be heard.
For further information, please contact the City Clerk's Office at: 305-663-6340.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 186.0105, the City hereby advise~ Ihe public thai if a persoll decides to appeal allY decision made by Ihis Doard, Agency or Commission with
respect to any matter consideled at ils meeting or hearing, he or she '.'.'ill need a record of the proceedings, and that for suc·h purpose, affected person may need to ensure that
a verbatim record of1hc proceedings is made which record includes the testimony Hnd evidenec upon which the appeal i~ to be based.