Res No 135-19-15407RESOLUTION NO.13 5 -1 9 -1 5 4 0 7
A Resolution authorizing the City Manager to waive the impact fees for the
affordable housing that is to be constructed for the Madison Square project.
WHEREAS, the City of South Miami enacted a new impact fee ordinance that
provides for the waiver of impact fees for affordable housing; and
WHEREAS, the Florida Legislature amended Section 163.31801, subsection (8)
to provide for waivers of impact fees and it provides:
(8) A county, municipality, or special district may provide an exception or
waiver for an impact fee for the development or construction of housing that is
affordable, as defined in s. 420.9071. If a county, municipality, or special district
provides such an exception or waiver, it is not required to use any revenues to
offset the impact.
WHEREAS, Section 7-3.2 (G) (5) of the City's Code of Ordinances
provides:
(G). Refunds, credits, reimbursements and exemptions.
(5) No Parks and Recreation Development Impact Fees shall be charged or
assessed for any Affordable Housing Rent Restricted Units. If only a portion of
the development is devoted to Affordable Housing, then the exemption shall be
applied to the affordable portion and not the remainder of the residential portion
that is not Affordable Housing.
WHEREAS, it is the opinion of the City Commission that the Madison Square
project will meet the requirements of Section 163.31801 (8) and it is the City
Commission's desires to waive those fees for the development or construction of
affordable housing that will be erected on the Madison Square property.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The City Manager is authorized to waive the impact fees for the
affordable housing that will be constructed on the Madison Square project provided the
owner agrees that if this wavier is determined by a court of competent jurisdiction to
require the City to contribute any of these fees to the parks and recreation facilities impact
fees account, the owner of the property will pay such amount to the City.
Section 2. If any section clause, sentence, or phrase of this resolution 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 resolution.
Page 1 of 2
Resolution No. 135-19-15407
Section 3. This resolution shall take immediately upon adoption.
PASSED AND ADOPTED this 15°i day of October, 2019.
ATTEST:
�C
ITY qLERK
PPRO ED
MAYOR
COMMISSION VOTE:
4-1
Mayor Stoddard:
Yea
Vice Mayor Harris:
Yea
Commissioner Gil:
Yea
Commissioner Liebman:
Nay
Commissioner Welsh:
Yea
Page 2 of 2
Agenda item No:Ba.
City Commission Agenda item Report
Meeting Date: October 15, 2019
Submitted by: Thomas Pepe
Submitting Department: City Attorney
Item Type: Resolution
Agenda Section:
Subject:
A Resolution authorizing the City Manager to waive the impact fees for the affordable housing that is to be
constructed for the Madison Square project. 315 (Mayor Stoddard)
Suggested Action:
Attachments:
Reso re impact fee waiver for Madison Square.docx