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Ord No 15-20-2369ORDINANCE NO. 15-20-2369 An Ordinance amending Chapter 20, Article II, Section 20-2.3, "Definitions" to add Affordable Housing related definitions, Article IV, Sections 20-4.9 titled "Reserved" to create a new category titled "Affordable Housing" and related regulations, Article VIII, Sections 20-8.2, 20-8.4, 20-8.8, and 20-8.10 and Section 7-3.2 of the City of South Miami Code of Ordinances, all to consolidate, add to and to clarify affordable housing related definitions and to, among other things, provide additional requirements for affordable housing as it relates to impact fees and development bonuses. WHEREAS, the City of South Miami created a new zoning category titled Transit Oriented Development District (Mixed -Use 6) and which amended Section 20-8.4 to provide for bonuses to encourage the development of affordable housing; and WHEREAS, subsequently to the creation of the TODD MU-6 zoning district, the City enacted an impact fee ordinance, Section 7-3.2 of the City's Code of Ordinances, that provided for a waiver for affordable housing and which included definitions to be applied to affordable housing; and WHEREAS, the Mayor and City Commission for the City of South Ixiami desire to centralize the definitions of affordable housing in the Land Development Code and incorporate into Section 20-2.3 affordable housing related definitions most of which previously were provided for in Section 7-3.2 as well as to provide for greater oversight when impact fee waivers and a bonuses are granted; and WHEREAS, the Planning Board has reviewed this proposed ordinance at the Planning Board meeting held on March 10. 2020 and the proposal was approved by a vote of five (5) yeas and one (1) nay. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are hereby ratified and incorporated by reference as if fully set forth herein and as the legislative intent of this Ordinance. Section 2. Chapter 20, Article II, Section 20-2.3 of the City of South Miami's Land Development Code is hereby amended and shall read as follows: 20-2.3 Definitions Advanced registered nurse practitioners means a person who is licensed in accordance with, and who practices advanced or specialized nursing practice as defined in, Chapter 464 of the Florida Statutes. Page 1 of 16 Ordinance No'. 15-20-2369 Affordable Housing: For the purpose of this Section Affordable Housing has the same meaning as defined in Section. 420.9071, Fla. Stat. unless it is in conflict with any meaning or use of the term in this Section, and in such event this Section shall take precedence. A housing unit is not considered Affordable Housing for the purpose of this Section unless it is a Rent -Restricted Unit that is only made available for rent (not ownership) to Very Low -Income Tenants, Low -Income Tenants or Moderate -Income Tenants. Aggregate area or width. means the sum of two (2) or more designated areas or widths to be measured, limited, or determined under these regulations. Grade -Shall means the average elevation of the crown of the abutting roadways. Gross Rent means any amount paid by a tenant in connection with the occupancy of a Residential Rental Unit, plus the cost of any services that are required to be paid by a tenant as a condition for occupancy, and the cost of any utilities, other than telephone, for such unit. If any utilities (other than telecommunications, cable or internet) are paid directly by the tenant, "gross rent," also includes a utility allowance determined as set forth in this paragraph. "Gross Rent" does not include any payment under Section 8 of the United States Housing Act of 1937 or any comparable federally funded tenant or project based rental assistance program with respect to such unit or to the occupants thereof, or any fee for supportive service that is paid to the owner of the unit on the basis of the low income status of the tenant of such unit by any governmental program of assistance or by tax-exempt organization if such program or organization provides assistance for rent and the amount of assistance provided for rent is not separable from the amount of assistance provided for supportive services within the meaning of Section 42(g)(2) 13) of the Code. For purposes of the foregoing, the allowable utility allowance is: (i) the United States Department of Housing and Urban Development ("HUD") -published utility allowances (except as provided in clause (iv) hereof) in the case of a building whose rents and utility allowances are reviewed by HUD on an annual basis; (ii) the gpplicable Public Housing Agency ("PHA") utility allowances established for the Section 8 Housing Choice Voucher Program (except as provided in clause (iv) hereof) in the case of a building occupied by one or more tenants receiving HUD rental assistance payments ("HUD Tenant Assistance"): (iii) in the case of a building for which there is neither HUD Tenant Assistance, nor an applicable HUD utility allowance, the applicable PHA utility allowance, however, utility allowances based on estimates from local utility providers certifying the estimated costs of all covered utilities for units of comparable size and construction in the county where the building is located, determined in accordance with Internal Revenue Service Notice 89-6, may be obtained, in which case those estimates shall apply to all units of similar size and construction in the building_ Page 2 of 16 ordinance No. 15-20-2369 Ground coverer means plant materials which reach a maximum height of not more than twelve (12) inches present a finished appearance and reasonable complete coverage six (6) months from time of planting. Lot widths means the horizontal distance between the side lot lines measured at the required front yard setback line and parallel to the front street property line. Low -Income Tenant or Low -Income Individual means an individual or a family whose adjusted annual income (subject to HUD -authorized exclusions) is greater than sixty percent (60%) but does not exceed eighty_percent 80%) of the area median income as determined by HUD and as published annually for Miami -Dade County by Florida Housing Finance Corporation based upon figures provided by HUD, as adjusted for family size. In no event, however, shall occupants of a such dwelling unit be considered to be of low income if all the occupants are students, but excluding such definition the following: (i) single parents who are students with all children also being students and the household receives Aid to Families with Dependent Children ("AFDC') payments, or if the students are enrolled in certain federal, state, or local job training_ programs and are considered lower income, or (ii) a housing unit occupied exclusively by full-time students may qualify as lower income if the students are a single parent and his/her minor children and none of the tenants are a dependent of a third party. Low -Income Unit means any dwelling Unit in a building if: i) the unit is a Rent - Restricted Unit, and (ii) the individuals occupying the unit are Low -Income Tenants. Massage therapist -Shall means a person who is licensed in accordance with, and who practices massage therapy as defined in, Chapter 480 of the Florida Statutes. Mobile pet grooming serviced means a service operated from a motorized vehicle, van, or trailer where animals are bathed, clipped or combed for the purpose of enhancing their appearance or health and for which a fee is charged; providing that the service is performed on private property not owned, used or rented by the business provider; and providing that the service is to be totally conducted inside the vehicle, van, or trailer outside of public view. Moderate -Income Tenant or Moderate -Income Individual means an individual or a family whose annual adjusted income (subject to HUD -authorized exclusions) is greater than eig_hty_percent (80%) but does not exceed one hundred twenty percent (120%) of the area median income as determined by HUD and as published annually for Miami -Dade County by Florida Housing Finance Corporation ("FHFC") based upon figures provided by HUD, as adjusted for family size. In no event, however, shall occupants of a unit be considered to be of Moderate -Income if all the occupants are students, but excluding from such definition the following(i single parents who Page 3 of 16 Ordinance No., 15-20-2369 . are students with all children also beinp, students and the household receives Aid to Families with Dependent Children ("AFDC") RAYments, or if the students are enrolled in certain federal, state, or local job training programs and are considered lower income, or (ii) a housing unit occupied exclusively by full-time students may qualify as lower income if the students are a single parent and his/her minor children and none of the tenants are a dependent of a third party. Moderate -Income Unit means any unit in a building if: (i) the unit is a Rent -Restricted Unit, and (ii) the individuals occupying the unit are Moderate -Income Tenants. Motel-ShaR means a building in which lodging is provided and offered to the public for compensation. As such, it is open to the public in contrast to a boarding or lodging house or a multi -family dwelling. Motels are usually designed to serve tourists traveling by automobile. Ingress and egress to rooms need not be through a lobby or office and parking usually is adjacent to individual guest rooms. Rental unit-.ShaR means a dwelling unit that is offered for rent, lease or hire intended for rental to *��Y1.PAW .0 on a temporary basis, but not ,a f.,,..,soor- used peFmaaeat dwelling. Rent -Restricted Unit means a Residential Rental Unit where the Gross Rent with respect to such unit does not exceed thirty percent 30%) of the imputed income limitation applicable to such unit. For purposes of the foregoing, the imputed income limitation applicable to a Residential Rental Unit is the income limitation set forth for Very Low -Income Tenants, Low -Income Tenants and Moderate -Income Tenants occupying the unit if the number of individuals occupying the unit are (i) one 1) individual, in the case of a unit that does not have a separate bedroom, and (ii) one and one-half 1.5) individuals for each separate bedroom, in the case of a unit that has one or more separate bedrooms. The level of income for residential tenants shall be based on the Area Median Income (AMI) as determined by the Miami -Dade Public Housing and Community Development Agency", as modified from time to time. The Owner shall require that the residential units shall be rented to Very Low -Income Tenants, Low -Income Tenants and Moderate -Income Tenants as defined in this Section. Residential Rental Unit, for the purposes of regulating Affordable Housing, means dwelling units made available for rental, and not ownership, to Very Low -Income Tenants, Low -Income Tenants and Moderate -Income Tenants, each of which units shall contain complete living facilities that are to be used other than on a transient basis together with facilities that are functionally related or subordinate to the living facilities. The units shall at all times be in good condition and repair at all times. Restaurant, accessor}Il means an establishment where the principal business is the sale of food and beverages to the customer in a ready -to -consume state and where the design or principal method of operation consists of a small specialty restaurant having floor area exclusively within an office center, sharing common parking facilities with other businesses within the office center, and having access to a Page 4 of 16 Ordinance No. 15-20-2369 common, interior pedestrian and delivery service, but excludes any service to a customer in a motor vehicle. Seating must be provided for all patrons and signage outside the center is prohibited. Site plane means a drawing illustrating a proposed development and prepared in accordance with the specifications of this Code. Solar collectors.- Shall means any photovoltaic or solar -thermal collectors or any combination thereof. , Solar thermal collectors- &mll means either, low-, medium-, or high -temperature collectors. Low temperature collectors are flat plates generally used to heat swimming pools. Medium -temperature collectors are also usually flat plates but are used for creating hot water for residential and commercial use. High temperature collectors concentrate sunlight using mirrors or lenses and are generally used for electric power production. Hybrid .photovoltaic -thermal systems are also included. 2284, . , Solar zone- &iall means a place available on a roof for the installation of solar collectors that will receive unshaded sunlight at least five (5) hours a day. Exempt are roof sections sloped greater than thirty (30) degrees (7/12 rise -to -run) oriented within eighty (80) degrees of true north. If allowed by the Florida Building Code and notwithstanding anv other provision in the City's Land Development Code, the solar zone shall be located on the roof or suitable overhang of the building of single-family residences and townhouses and for qualifying multi -family buildings, the solar zone can be located on any of the following locations: roof of building, overhang of building, roof and/or overhang of another structure located on the same property within two hundred fifty_(250) feet of the primary building, covered parking installed with the building, other structures including trellises, arbors, patio covers, carports, gazebos, and similar accessory structures as may be sufficiently strong to support a solar array. Story—.ShaU means that portion of a building, other than a basement or mezzanine, included between the surface of any floor and the surface of the floor next above it; or, if there be no floor next above it, then the space between such floor and the ceiling next above it. Structures. mall means anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground; including, but not limited to: signs, backstops for tennis courts, fences, screen enclosures and pergolas. Page 5 of 16 Ordinance No. 15-20-2369 Student, for the purpose of regulating Affordable Housing, means an individual who is attending an educational institution as a full-time student for some part of each of five calendar months during the year. The phrase "attending an educational institution as a full-time student" includes any part of a month that the individual is registered in school for 12 or more hours of class time per week if in high school or college, and 9 hours or more if in graduate school. Subdivision. mil -means the subdivision of land into two (2) or more lots or other division of land into parcels of five (5) acres or less for the purpose, whether immediate or future, of transfer of ownership or building development. Also see definition in Chapter 28 of County Code. • > eeneentmte 1 . lenses fer- :jRr \1re �,let;eM sunlight u 0-1 4-u phet�1\st EoFs !We theM:RAt or- ni,n+erlln and are generally ntnA ;tltltllded used elee-tMAMa /%iYrt A-wer- �TA 141'i > Sekli• 1rid > 18 _ 7) .►e nn. Shall \,r.ea a A are reef for the eetleetern that\i,;lt plaeo available en at leant five l�� �,nsWiat1A�A� hours A dAi. 1. are ��L.Il l/��ii. L YAAT [,AA41 reef meeiye Af1n nlAMed RMenter i unshaded thA1', thlt.t\1 sunlight 4ln` 11 /YA 1 • e to M1M1 ` ArleMted *Affi �� e 11 Tf4h1M Jer A;11�4\I eight ` /� i4n� aeltreAn At 4'r1,e degrees NA1.tt, (� ri' Atte\i,�d gr b\1 1 the 1� �-Iter;Aa y 1� K.,;la;Y1R /1 ( 'AdA AY1d 17et\\11t `V Vl Vl Li standing any ettAer LTV-n MYAif1n1AM • 1M tl"e /� ■ '1t\l1n 1� � Land \A\1el A�M1�QY1t /� I ■ 'Ade �AIAY 11V L \\ iL11J zene shall LL,i iVLlii T- Kii be leAAtePI the reef er n1 kable eT evel'� the bull/ iRO /, Ar n;MO the , i�� A TAMU1, L+ViJVyy JIiLLil rA n,AAMAAn Fesi{. one VV iVV{i•LVtii�7 en to\I7\'1 t�,Allnen and TAr and AllAllf\11MR ever-hang 1'Nlllt`=1 fa14\141f l♦111t�1M Rn tllA nelar .'fAYiQ Mn: root /, et /� building ' �Ir/ ever building, reef aMWIAr eyAril AMR AT AMAtt',Ar ntr11AtA teAAtAd AM nAM1A NYAMert\1 tt',1M v4 til/e h11M dYAd f17'\'\, (50) feet Af the :RVi lAYlf 161111d1 f1/�AvAd the Mnrl11MR 1MA+AlIed the building,3A4� ether- stfuetwes > > i , gazebes1 • • , , Townhouses means a single-family dwelling unit of a group of three (3) or more such units, each of which shall be serviced with separate utilities and other facilities and shall otherwise be independent of one another. Transient Basis means the rental of a room or rooms for a period of 180 days or less, counting a portion of a day as a full calendar day, unless the rental unit contains sleeping accommodations, a kitchen and bathroom facilities in a building used exclusively by a governmental entity or Qualified nonprofit organization to facilitate the transition of homeless individuals to independent living and to provide such individuals with Page 6 of 16 Ord. No. 15-20-2369 temporary housing and supportive services designed to assist such individuals in locating and retaining, permanent housing. Unity of title -means aA written agreement executed by and between a property owner and the City of South Miami, whereby the property owner for a specified consideration by the City agrees that the lots and/or parcels of land constituting the building site shall not be conveyed, mortgaged and/or leased separate and apart from each other and that they shall be held together as one tract. (Ord. No. 23-99-1697, § 1, 11-16-99) Vehicular use areas means all areas used for the circulation, parking and/or display of any and all types of vehicles, boats or heavy construction equipment, whether self-propelled or not, and all land upon which vehicles traverse as a function of the primary uses, including but not limited to activities of a drive-in nature such as service stations, convenience stores, banks, restaurants and the like. Only driveways and parking spaces serving single-family and two-family residential uses shall be excepted from this definition. Very Low -Income Tenant or Yea Low -Income Individual means an individual or a family whose annual adjusted income (subject to HUD -authorized exclusions) does not exceed si= percent 60%) of the area median income as determined by HUD and as published annually for Miami -Dade County by Florida Housing Finance Corporation ("FHFC") based upon fig_es provided by HUD, as adjusted for family size. In no event, however, shall occupants of a unit be considered to be of Verb Low - Income if all the occupants are students, but excluding from such definition the following: (i) single parents who are students with all children also being students and the household receives Aid to Families with Dependent Children ("AFDC") pa my ents, or if the students are enrolled in certain federal, state, or local job training_ programs and are considered lower income, or (ii) a housing unit occupied exclusively by full- time students mgy qualify as lower income if the students are a single parent and his/her minor children and none of the tenants are a dependent of a third party. Very Low -Income Unit means any unit in a building if: (i) the unit is a Rent -Restricted Unit, and (ii) the individuals occupying the unit are Very Low -Income Tenants (or the unit is held available for rental to Very Low -Income Tenants if previously rented to and occupied by Very Low -Income Tenants). us� Ter-, Ve @w 1fle ..,,.,e Units be e*ehffineed -for- Low T Vines. —Shall -means plants which normally require support to reach mature form and which are a minimum of thirty (30) inches in height immediately after planting. Vines may be used in conjunction with fences, screens or walls to meet physical barrier requirements as Page 7 of 16 Ordinance No. 15-20-2369 Whirlpool spate means a hydrotherapy pool not to exceed three (3) feet in depth with a water surface area of not more than one hundred (100) square feet. Workforce housing means Moderate -Income Units as defined in this Section. This definition also applies to the term "Attainable Workforce Housing". Yards means an open area, other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this Code. Section 3. Chapter 20, Article IV, Section 20-4.9 of the City of South Miami's Land Development Code is hereby amended and shall read as follows: 20-4.9 — "eked .Affordable Housing Affordable Housing Covenants that are required by the City of South Miami must: �1 be executed by the property owner; be in a form approved by the City Attorney and City Manager; run with the land and be binding on the owner as well as all of the owner's assigns ns and successors in interest; require that all Rent -Restricted Units be continuously rented for 40 years (Compliance Period) as Affordable Housing;and. during the Compliance Period: (a) the Rent -Restricted Units may not at any time be utilized on a transient basis; (b) none of the Rent Restricted Units may ever be leased or rented for an initial period of less than one hundred eighty (180) days; (c) the owner and the operator of the property will not discriminate on the basis of age, race, creed, religion, color, sex, marital status, family status, handicap, disability, sexual orientation, or national origin with regard to any of the rental advertisement, the application process, or the lease, use or occupancy of the Rent Restricted Units; (d) the Owner and operator of the property shall maintain complete and accurate records pertaining to the Rent Restricted Unit for at least six years following the end of each tenant's occupancy; (e) a status report on the rental of the Affordable Housing shall be provided to the City on an annual basis and shall include the following information for each Rent Restricted Unit: (i) the unit number; (ii) the name of the tenant; (iii) the number of family members occupying the unit; Page 8 of 16 Ordinance No.'15-20-2369 (iv) the total household income; and (v) the amount of the rent collected each month for such unit; (7) rents charged for each Affordable Housing it will not exceed thirty percent (30%) of the adjusted gross income of the tenant's household. Editor's note Or-d. No. A') 11 2115, § 2 na.,pto.a . 6, 2011, amendedno„aoa and renumbered§ 70 4.9 as & 20 11.1-to read as set out. Fefmer- § 2n /i 2 pe ftainnd_4o hister-ie preservation standards and derived from Ord. No. 12 96 1612, § 2, adopted Section 4. Chapter 20, Article VIII, Section 20-8.2 of the City of South Miami's Land Development Code is hereby amended and shall read as follows: 20-8.2 - Definitions. Terms used throughout this Article shall take their commonly accepted meaning unless otherwise defined in the Code. The definitions in this Section shall only be used in this Article. When there are conflicts between the Code and this Section, this Section shall control terms requiring interpretation specific to this Article. The terms as used in this Article shall have the following meaning: Affordable Hhousing: ef Area A.Aedifflln. hieefne (AMI) md at eF below 80-024 ANG as published annually by the U.S-. is defined in Section 20-2.3. Workforce housing is defined in Section 20-2.3. Defers to housing that is attgnab a by residents MA44.RR heti»ser, 800/ .,f A AAT and at ..r hol..... 1 Ana/_ AM as publ shied a.+r,uall s by the U.S. 14 i� (A lse re feFFe.a to as -A t+nir able We Section 5. Chapter 20, Article VIII, Section 20-8.4 of the City of South Miami's Land Development Code is hereby amended and shall read as follows: 20-8.4 - Residential use. The following residential uses are permitted in these zoning classifications that specify this category (Residential use) within the TODD. (D) All new residential, and mixed -use developments in the TODD (MU-5) and TODD (MU-6) subdistricts that include a residential component, must include Page 9 of 16 Ordinance No. 15-20-2369 either- wer-' -free e Aaffordable Hhousing, as defined in Se, fien 20 8.2., er-a , that is equal to or greater than ten percent (10%) of the new dwellings. The owner or the Developer shall record a covenant running with the land, the form of which must be approved by the City Attorney and City Manager, executed by the owner and binding upon the property owner, as well as all assigns and successors in interest, which complies with the Affordable Housing_ requirements of Section 20-4.9 fer-a I - - .7 __ s and limiting the use of these units, as well as any 1—m-its previded in order to gain a bonus floor pursuant to Section 20-8.10, to for &r-ee-er Aaffordable Hhousing rentals. basis and shall inelude the unit number-, the ffumber- Ckf &;Milv members. fe (F) The horizontal mixing of stand-alone residential developments and adjacent stand-alone nonresidential or nonresidential mixed -use developments is allowed in the TODD, but they must be well -integrated in terms of complementary uses, access and circulation, and compatible design. (G) Impact fees, as set forth in Section 7-3.2, shall be waived for the fraction of floor area devoted to Ef arer Aaffordable Hhousing. Section 6. Chapter 20, Article VIII, Section 20-8.8 of the City of South Miami's Land Development Code is hereby amended and shall read as follows: 20-8.8 - Parking. (A) TODD Parking Regulations. Parking in the TODD must be developed and managed primarily as an element of infrastructure critical to enhancing South Miami's tax base through economic success of the district. All required parking is subject to the standards provided in Section 20-4.4 of the LDC, except as otherwise provided for in this Section. (C) 1. Residential. (a) Developers are encouraged to unbundle residential parking spaces and make them available for sale or rent separately from the residential units, particularly weFkferee-end Aaffordable Housing Uanits. (b) Bicycle parking for multifamily residential uses shall be provided as follows: one (1) bicycle rack for every fifteen (15) vehicular parking spaces provided. Page 10 of 16 Ordinance No. 15-20-2369 Section 7. Chapter 20, Article VIII, Section 20-8.10 of the City of South Miami's Land Development Code is hereby amended and shall read as follows: 20-8.10 - Bonus allocations. (B) TODD MU-6 Action Bonus For providing, in the residential component of Four (4) additional floors of residential, a mixed -use building or in a stand-alone provided the applicable parking requirement residential building (in addition to the is met per Sec. 20-8.8 and the covenant minimum required 10%), an additional 5% of required by Section 20-8.4 includes the Low-income Units or Very Low-income Units additional wedEfeme-and Aaffordable Hhousing. Affordable and wer-lFfe ee g and 5% Moderate -Income Units Hhousing units delivered for bonus floors are exempt from meeting the parking requirement. For assembling a minimum of one (1) acre of One (1) additional floor * contiguous land to make up a larger redevelopment site and joined by a Unity of Title. For buildings that have an office or One (1) additional floor * commercial component that provide onsite bicycle amenities including at least three (3) of the following features: * secure bike parking room (in addition to bike racks that may be required); * bike repair stations (accessible to occupants and guests and may be outside if covered) or repair room (may be included in bike parking room) * bike wash stations (accessible to occupants and guests and may be outside if covered); * showers and locker/change room for employees and commercial invitees; * availability of loaner bicycles for building residents and employees For providing a public square, plaza or green One (1) additional floor space of at least 7,500 sq. ft. of contiguous area, functionally and visually connected to the pedestrian walkway system and designed with the following minimum amenities: Page 11 of 16 Ordinance No.15-20-2369 benches, shade (trees and structures), play and/or exercise areas, and water stations. *This bonus can be requested only once per project but may be requested in combination with the other two listed in this section with an asterisk to obtain up to three (3) bonus floors. (C) Buildings developed in the MU-6 subdistrict may be built up to 12 stories without applying for bonuses if the entire building is devoted to werkfe}se-der Afffordable Hhousing, as defined in Section 20442_3. Section 8. Chapter 7, Section 7-3.2 of the City of South Miami's Code of Ordinances is hereby amended to read as follows: Sec. 7-3.2. - Parks impact fees. (B)-. Definitions. For the purpose of this section, certain terms and words are defined. Additionally, and where applicable, words used in the present tense shall include the future; the singular number shall include the plural, and the plural the singular: Affordable Housing is defined in Section 20-2.3 of the City's Land Development Code. has the safne me i III, defined •a in See ien. 4 0.90:71 ! and �Fla. SW. n it shall be made available fee- mfAal, and not imp-ship, to Vefy Low ineeme Tenants, T ow Ineeme Tenants and Moderate ineefae Tenants, eaeh of whieh unks shall eentain r-AmAltatta living fa e ... jr-ete li....g f-eilifies that are te be used other- than on a tnmsient basis tegether- n1�r•i+n shall nll of all times be it goodgoodner�rlii�n,r. and «e,�.ni.. at all w.on units s . '•' .� -' GO w0 .� RIF :. 1119 k.J • Mfg • / • i :. HAN �• �• �JRAA �� VRIP. W MN i ,. Page 12 of 16 Ordinance No. 15-20-2369 • - • - - -: - AL �. �_. - - - ffift -- - - - ..MElp - �. NO ■ _I m a ■ qa 91 Aillilill -. - M pro. -.- -. - Mr. 700r. : rpw-9w ON' - "Lew ineeme Unit" means Nff dwelling T T„;+ A 1�,,;l.i;r,.- (Atheunit ;s A Rent �r�i Restfieted Unit, and (ii) the individuals A..ra-„ng th-e ..r.;t Are Lew Inge r.e TeMA.�te. GG !) GG » HUD net ■ rc ee nne h»ndr� t-1,eFAy !1 0-OK) authorized A1•AA eycelusiens) .11A�;AM ineeme dee.s A[, detemined by wavy 14UD and ��, AQ val{.1 published pefeeY1t t,JViVVlI.. `14V/ fer- ofthe Miami Dade Geunty by Flevi GG annually !7 by fer- family size.pr-evided In ne event, HUD, as to be of Moderate Moderate Inee a ;f All +lie all AAAI «Ar,+n Are btA Al,,.� ing fiFe. , l.. _� -.� v.a w,.v aaaV V111V it Li1V VVV{.iL i students, re [,tllf'1eMts y ' ex th All Ah11�Im students V MiV and th.e hvn»vevh^ eV eiyes Aid to Families iN DAE)en ent aw y4th Children job • A„� eensiM� 1A11/er ,1�,ee.me Ar „ 1 �A\1[,•M !ercelusively -sing i •* .� by Taffills Aill time students 1 i Abell if may qualify as ame the students afe a Page 13 of 16 ordinance No. 15-20-2369 I - -, ,- \, III IRMSOMP.III 1�i�'PZl��S ��♦• IN - _ -• •. • - - • .9 F-1 IF r.4 ll�. .•r• • py-Offf MMMFWZHMATI-�s • , • • , I - - ............ .n • • .. F!— im'PF ,- \ I i Imw- .9. of « Units" means dwelling for- units made available r-enW, and net itwq Veffy Low lneeme Tenants, TreaafAsi other- thm eaeh of whieh en a tnmsieat units shall basis tegether- eentaift r-m-we.p.a.irml-pte living faisilifies that fheilities that are to be used fimetievially related rnhnrrlir�a+e +A thp. living fife litie . mith Thetimes are eF 1M /t ke befie •.iKVVa M1a1KIrV ead repair- �V Ll/V at all times. 11 • i11G iKVZ1rG1V�� II'Ir-' unitsshallat al - �Qn eend or; IF .. : n Q w.. - - - •. 15 1.ml.IIIILIMNI .91 wMIN •• • 'WHIP • .. • • .• ccTransient basis",as used in this Seetien, weemmedatiensi [.uppef4ive [.Al•lliees de-sisrMAd- We assist " W"N mm - -1 Page 14 of 16 Ordinancia No.'15-20-2369 fiar Miami ■ 'A„ntt, Dade by T:ie •an HAl,[.;nft T:;,+n.�iee a aspublished ^^ �1� annually T�1 /� ` based (v aiwtaq �' byTT TT UD As Adjijsted feECamily i ran, up -en i to be Very Lew size. eensider-ed of ("AFDC") federal, > ccVery Dent,.;n+ed ilZ Low Ineeme Units" Unit; the ;ra;..;a..nlc. e.+�►,7Yac,;nlY the Very Low Tneffime and(;;) unitare TenwAs /e,. the fe,. t is heldto `] Tneeme Tenants if , Lew sly mated tm available G1�iGC�GV� rental to by Ve=x Lew ineeme Tenants). 14ewever-, Very and eeeupied (5) No Parks and Recreation Development Impact Fees shall be charged or assessed for any Affordable Housing Rent -Restricted Units, as defined in Section 20-2.3 of the City's Land Development Code. If only a portion of the development is devoted to such 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. This exemption only applies if the owner of the property records an Affordable Housing Ceovenant that runs n with the land and that complies with Section 20-4.9, on n fe ., that shall provide, a as to the units to be exempted 11 Rei# Rest,.;eted Units must be made available yai ab a And enly rend to Le eentinuoussly be re fC g thia r-AmBlianee Period, none efthe Rent Restfieted Units shall M. many tim 4msieat basis; none ef the Rent Restr-ieted Units shall ever- be Wased er- Feated fer- an jr ... ed of less than ene hun—&-edd eeiglaio,y (180) days; the Owner- shall not diser-imin en the bmaqii, ge, > > the Rent Restfieted Units fer- at least six (6) years f-ellev.4int, the end of eaeh tenant's Section 9. Corrections. Conforming language or technical scrivener -type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final ordinance. Page 15 of 16 Ordinance No. 15-20-2369 Section 10. Codification. The provisions of this ordinance shall become and be made part of the City of South Miami Land Development Code and Code of Ordinances, as applicable and as amended; that the sections of this ordinance may be renumbered or re -lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. Section 11. 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 12. 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. Section 13. Effective Date. This ordinance shall become effective upon enactment. PASSED AND ENACTED this 19`h day of May. 2020. ATTEST: UL CITY LERK I51 Reading — 05/05/2020 2nd Reading — 05/19/2020 READ AND APPROVED AS TO FORM: LANGUAGE, LEGALITY AND EXECUTION THEREOF Xe7- / CITY ATTORNEY APPROVED: i 4101 !MAYOR COMMISSION VOTE: 3-1 Mayor Philips: Yea Vice Mayor Welsh: Yea Commissioner Liebman: Nay Commissioner Harris: Yea Commissioner Gil: Absent Page 16 of 16 Agenda Rem No:10. City Commission Agenda Item Report Meeting Date: May 19, 2020 Submitted by: Marcus Lightfoot Submitting Department: Planning & Zoning Department Rem Type: Ordinance Agenda Section: Subject: An Ordinance amending Chapter 20, Article II, Section 20-2.3, "Definitions" to add Affordable Housing related definitions, Article IV, Sections 20-4.9 titled 'Reserved" to create a new category titled "Affordable Housing" and related regulations, Article VIII, Sections 20-8.2, 20-8.4, 20-8.8, and 20-8.10 and Section 7-3.2 of the City of South Miami Code of Ordinances, all to consolidate, add to and to clarify affordable housing related definitions and to, among other things, provide additional requirements for affordable housing as it relates to impact fees and development bonuses. 3/5 (City Manager -Planning Dept.) Suggested Action: Attachments: Cover Memo Affordable Housing Ord in ance.docx Ord. Amending Sec 7-3.2; 20-2.3; 20-4.8; 20-8.2; 20-8.4; 20-8.8; 20-8.10 re Affordable HousingjtCArev.doc Ord.Amending 7-3.2, 20-2.3, 20-4.8, 20-8.2, 20-8.4, 20-8.8, 20-8.10_re_AffordHjtCArev(2).doc MDBR Ad. pdf Miami Herald Ad.pdf PB-20-006 Final PB Regular Meeting Minutes Excerpt- 03-10-2020.pdf CITY OF SOUTH MIAMI South Miami OFFICE OF THE CITY MANAGER n; - n or PLEASANT uVIV] INTER -OFFICE MEMORANDUM To: The Honorable Mayor and Members of the City Commission VIA: Steven Alexander, City Manager FROM: Jane K. Tompkins, AICP, Planning Director Date: May 5, 2020 SUBJECT: An Ordinance amending Chapter 20, Article II, Section 20-2.3, "Definitions" to add Affordable Housing related definitions, Article IV, Sections 20-4.9 titled "Reserved" to create a new category titled "Affordable Housing" and related regulations, Article Vill, Sections 20-8.2, 20- 8.4, 20-8.8, and 20-8.10 and Section 7-3.2 of the City of South Miami Code of Ordinances, all to consolidate, add to and to clarify affordable housing related definitions and to, among other things, provide additional requirements for affordable housing as it relates to impact fees and development bonuses. 3ACKGROUND: n 2019, Article VIII of the Land Development Code (LDC) was amended to add provisions -equiring that residential projects on properties with a zoning of Transit Oriented Development District (TODD) Mixed -Use 5 or Mixed -Use 6 provide units that qualify as affordable or workforce lousing. Recently, the City Commission also amended Chapter 7 of the Code of Ordinances, Nhich establishes the impact fees charged to new development, to add definitions related to affordable housing and to provide a waiver of impact fees for projects that contain affordable lousing. Staff has prepared the attached ordinance to centralize the definitions related to affordable housing in Sec. 20-2.3 "Definitions" and consolidate the other provisions into a new section, Sec. 20-4.9 "Affordable Housing" of the LDC. PLANNING BOARD RECOMMENDATION: After a public hearing on March 10, 2020, the Planning Board voted five (5) ayes to one (1) nay to recommend approval of the proposed amendments. RECOMMENDATION: Staff recommends that the City Commission adopt the proposed ordinance. Attachments: • Draft Ordinance 2 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Hoodays Miami, tjamWade County. Fbrida STATE OF FLORIDA COUNTY OF MIAWDADE: Before the undersigned authority personally appeared GUILLERMO GARCIA. who on oath says that he or she is the DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily Business Review Vida Miami Review, a daily (except Saturday. Sunday and Legal Holidays) newspaper, published at Miami to Miand-Dade County. Florida; that the attached copy of advertisement being a Legal Advertisement of Notice In the matter of CITY OF SOUTH MIAMI - VIRTUAL MEETING OF THE CITY COMMISSION - MAY 10. 2020 In the XXXX Court, was published to said newspaper in the issues of ATTACHED 05lD8/ = SEE Af lant further says that the said Miami Daily Business Review Is a newspaper published at Miami, to said Miami -Dade County. Florida and that the said newspaper has heretofore been continuously published In said Mtand-Dade County, Florida each day (apt Saturday. Sunday and Legal Holidays) and has been entered as second class mail matter at the post office to Miand In said Miaml-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afitant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication In the said newspaper. QA.-4VV Sworn subscribed before me this 8 dayoek MAY, A.O.2m • v (SEAL) GUILLERMO GARCIA personaly known to me E- 35 9E uvv gocrH r V 927 ,x°oxr 1 �DB10 CITY OF SOUTH AMI FLORIDA NOTICE TO THE PU13LC OFT EIV RTUAL MEETING OF TIRE In accortlance with City CITY COMMISSION larm the 19. will be holding its o c Commission MeetingpVIRTUALLY. The meetingter 286 011 Fla accordances scheduled to begin on Tu20-69, esday May 19, will at 7:00olds m.Executive to b Number Tuesday P� to consider the following public hearing items: horizin Brown Insura ce for Insura ce Brokerage Seryces.the City Manager to oflate and enter into a multi -year contract with Brown at A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager a execute a multi -year inter -local agreement with Miami -Dade County, Police tlepartment, for School Crossing Guard Services.° ty, and the Miami -Dade A Resolution relating to the review and adoption of the Miami -Dade Local Mitigation Strategy. A Resolution relating to a Special Use Avenue and rel SW 61st Court application to permit a Community Garden use at 7311 SW 62nd An Ordinance amending the City of South Miami the acceptance of campaign contributions in excess of 5250 from any one donor Code of Ordinances, Chapter 9, Section 9-11 to prohibit retention and production of documents, enforcement, fines and otherregulafions. antl providing for An Ordinance amending the City of South Miami Code of Ordinances, Chapter 2 Titled " AND CITY GOVERNMENT°, Article III titled "BOARDS AND COMMITTEES°, mandatory board." to add subsection (c) Use of CityADMINISTRATION property Section. 2-21. cried °Appointments; An Ordinance amending the CityP rtY or services. 20-4.4 Off-street parking requirements and Miami Land Development Code, Chapter 20, Article IV Section Article Vlll, Section 20-8.8 Parking, e Ordinance amending the City of South Miami Land Development Code, Chapter 20, Sections Parking. - parking, 20-7.12 - Permfffed and special uses and parkin 20-e.B -Parking. P Article VII, 9, 20-8.5 -Commercial use, and An Ordinance amending Chapter related definitions, Article IV, Sections 20-4.9 tiged "Reserved" to create a new category P ,Article II, Section 20-2.3, 'Definitions" to add Affordable Housing Housing" and related regulations, Article VIII Sections 'Reserved- 20-84 create 20-Bantl 20- . fee City of South Miami Code of Ordinances, all to consolidate, add to and to clar10 and Section 7-3.2 ify affordable housing itfitild 'Affordable relatlated definitions and to, among other things. Provide additional requirements for clarify affaffordable able housing as it relates to impact fees and development bonuses. ?i 3 SD miamI - Vi,r-}�1 Mee�n9 of the NOTE: Locad6re Map applies to all items below sv 74rN sT ~—~I aw 74"TER _ An Ordinance providing for a Small -Scale Map Amendment amending the City of South Miami Comprehensive Plan Future Land Use Map from Mixed -Use Commercial/Residential to TrensfbOriented Development District (TODD) on a 1.9-acre property, known as the Winn -Dixie site located at 5850 SW 73rd Street and 7331 SW 59th Avenue and as legally described herein. An Ordinance pursuant to Section 20.5.7 and other applicable provisions of the City of South Miami Land Development Code modifying Article II, Sections 203.1(A) and (B) and 203.3(D), Article WI, Section 20-7.2, and Article Vill, Sections 20-8.1 through 20-e.17 in order to create a new zoning subcategory, Transit -Oriented Development District Mixed -Use Market (TODD MU-M). - An Ordinance pursuant to Section 20-5.7 of the Land Development Code providing for a Map Amendment to the City of South Miami Official Zoning Map from Neighborhood Retail (NR) to Transit -Oriented Development District Mixed -Use Market (TODD-MU-M) on a 1.9-acre property known as the Winn -Dixie site located at 5850 SW 73rd Street and 7331 SW 59th Avenue and as legally described herein. The members of the City Commission, the applicant, the applicant's attorney and witnesses and City staff will participate by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at h( Hpsl/z56fi36338 oom.uW3pand participate. If you desire to present evidence or you are unable to use Zoom, there are procedures to follow and other options available Including a dedicated phone line to listen and participate in the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hall and at hup.- vrww:southmlami8 oovl580/Pub1ic-Mednas-No1ices .Anyone who wishes to review pending application and supporting documentation In person must make an appointment by calling 305-663-6340. Please note that Governor DeSanhs's Executive Order Number 20-69 suspended the requirements of Section 166.045, Fla Stat., that a quorum to be present in person, and that a local government body meet at a specific public place. The Executive Order also allows local government bodies to utilize communications media technology, such as telephonic and video conferencing such as Zoom for meetings of local government bodies. Note that pursuant to Florida Statutes 286.0105, a person who decides to appeal any decision made by a Board, Agency or Commission with respect to any matter considered at its meeting or hearing, a record of the proceedings will be required for said appeal and such person will be required to have a verbatim transcript of the proceedings including the testimony and evidence upon which the appeal Is to be based ADA: To request a modification to a policy, practice or procedure or to request an auxiliary aide or service in order to participate in a City program, activity or event, you must on or before 4:00 p.m. 3 business days before the meeting (not counting the day of the meeting) deliver your request to the City Clerk by telephone: 305-722-8686 (voice) or 306-442-1600 (TTYRDD) or by mail at 6130 Sunset Drive, South Miami, Florida or email at npayne®southrriami8.gov. W8 NkengaA Payne, CMC City Clerk 20-27/0000469691M 37 3(3 16SE NEIGHBORS SUNDAR YAr ID 2020 MIAMIHERAED.001A In accordance with City of South Miami Code, Chapter 286.011, Fla. Stat, and Executive Order Number 20-69, the City will be holding its City Commission Meeting VIRTUALLY. The meeting is scheduled to begin on Tuesday, May 19, 2020 at 7:00 p.m. to consider the following public hearing items: A Resolution authorizing the City Manager to negotiate and enter into a multi -year contract with Brown & Brown Insurance for Insurance Brokerage Services. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to execute a multi -year inter -local agreement with Miami -Dade County, and the Miami -Dade Police department, for School Crossing Guard Services." A Resolution relating to the review and adoption of the Miami -Dade Local Mitigation Strategy. A Resolution relating to a Special Use application to permit a Community Garden use at 7311 SW 62nd Avenue and 7340 SW 61st Court. An Ordinance amending the City of South Miami Code of Ordinances, Chapter 9, Section 9-11 to prohibitthe acceptance of campaign contributions in excess of $250 from anyone donor and providing for retention and production of documents, enforcement, fines and other regulations. An Ordinance amending the City of South Miami Code of Ordinances, Chapter 2 Titled "ADMINISTRATION AND CITY GOVERNMENT', Article III titled "BOARDS AND COMMITTEES", Section. 2-21. titled "Appointments; mandatory board." to add subsection (c) Use of City property or services. An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Article IV, Section 20-4.4 Off-streer, parking requirements and Article VIII, Section 20-8.8 Parking. An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Article VI I, Sections 20-7.6 - Parking, 20-7.12 - Permitted and special uses and parking, 20-8.5 - Commercial use, and 20-8.8 - Parking. An Ordinance amending Chapter 20, Article II, Section 20-2.3, "Definitions" to add Affordable Housing related definitions, Article IVSections 20-4.9 titled "Reserved" to create a new category titled "Affordable Housing" and related regulations, Article VIII, Sections 20-8.2, 20-8.4, 20-8.8, and 20-8.10 and Section 7-3.2 of the City of South Miami Code of Ordinances, all to consolidate, add to and to clarify affordable housing related definitions and to, among other things, provide 38 additional requirements for affordable housing as it relates to impact fees and development bonuses. SUNDAY MAY 10 2020 NEIGHBORS 175E MIAMMEULMEOM An Ordinance providing for a Small -Scale Map Amendment amending the City of South Miami Comprehensive Plan Future Land Use Map from Mixed -Use Commercial/Residential to Transit -Oriented Development District (TODD) on a 1.9-acre property known as the Winn -Dixie site located at 5850 SW 73rd Street and 7331 SW 59th Avenue and as legally described herein. An Ordinance pursuant to Section 20-5.7 and other applicable provisions of the City of South Miami Land Development Code modifying Article II, Sections 20-3.1(A) and (B) and 20-3.3(D), Article VII, Section 20-7.2, and Article Vill, Sections 20-8.1 through 20-8.17 in order to create a new zoning subcategory, Transit -Oriented Development District Mixed -Use Market (TODD MU-M). An Ordinance pursuant to Section 20-5.7 of the Land Development Code providing for a Map Amendment to the City of South Miami Official Zoning Map from Neighborhood Retail (NR) to Transit -Oriented Development District Mixed -Use Market (TODD-MU-M) on a 1.9-acre property known as the Winn -Dixie site located at 5850 SW 73rd Street and 7331 SW 59th Avenue and as legally described herein. The members of the City Commission, the applicant, the applicant's attorney and witnesses and City staff will participate by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at (httos://zoom.us/i/3056636338) and participate. If you desire to present evidence or you are unable to use Zoom, there are procedures to follow and other options available including a dedicated phone line to listen and participate in the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hall and at htto://www.southmiamifl.gov/580/Public-Meetings-Notices. Anyone who wishes to review pending application and supporting documentation in person must make an appointment by calling 305-663-6340. Please note that Governor DeSantis's Executive Order Number 20 9 suspended the requirements of Section 166.045, Fla. Stat., that a quorum to be present in person, and that a local government body meet at a specific public place. The Executive Order also allows local government bodies to utilize communications media technology, such as telephonic and video conferencing such as Zoom for meetings of local government botlies. Nate that pursuant to Florida Statutes 286.0105, a person who decides to appeal any decision made by a Board, Agency or Commission with respect to any matter considered at its meeting or hearing, a record of the proceedings will be required for said appeal and such person will be required to have a verbatim transcript of the proceedings including the testimony and evidence upon which the appeal is to be based ADA. To request a modification to a policy, practice or procedure or to request an auxiliary aide or service in order to participate in a City program, activity or event, you must on or before 4:00 p.m. 3 business days before the meeting (not counting the day of the meeting) deliver your request to the City Clerk by telephone: 305422-8686 (voice) or 305-442-1600 (TTY/TDG) or by mail at 6130 Sunset Drive, South Miami, Florida or email at npayncriacuhmiamifi. gov. Nkenga A. Payne, CMC 39 City Clerk CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Minutes Tuesday, March 10, 2020 CITY COMMISSION CHAMBERS 07:00 P.M. The City of South Miami Code of Ordinances, Section 8A-5, requires that all lobbyists, as defined in that section, must register with the City Clerk before engaging in any lobbying activities and in most cases pay an annual fee of $500.00 and an additional $100 for each additional issue. This applies to all persons who are retained with or without compensation to influence any action, decision, recommendation of someone with the city, including the city manager, city attorney, department heads, city personnel, or members of the city commission or members of any city board, concerning a matter that could foreseeably be address by the city commission or a city board. There are some exceptions and exemptions. The following are not considered to be lobbyist: a representative of a principal at a quasi-judicial hearing, experts who present scientific or technical information at public meetings, representatives of a neighborhood association without compensation and representatives of a not -for -profit community based organization for the purpose of requesting a grant who seek to influence without special compensation. Individuals who wish to view or listen to the meeting in its entirety, audio and video versions of the meeting can be found on the city's website (www.southmiamifl.eov). Call to Order Action: Ms. Ruiz called the meeting to order at 7:03 P.M. I I. Roll Call Board Members Present Constituting a Quorum: Ms. Mary Ann Ruiz (Chairperson), Mr. Jay Miller (Vice -Chairperson), Mr. Lee Jacobs, Mr. Orlando Borges, Mr. Brian Corey, Mr. Bruce Baldwin. Board Members Absent: Mr. Maximo Monterrey. City Staff Present: Ms. Jane Tompkins (Planning Director) and Mr. Marcus Lightfoot (Senior Planner/Zoning Administrator). City Staff Absent: None. City Attorney: Mr. Thomas Pepe. III. Administrative Matters 1. Election of a new Chair Because Dr. Sally Philips was elected as the Mayor of the City, she had to step down as chairperson of the Planning Board. Because of that, the Board discussed the item of electing a new chair for Board. The Board then voted to elect Ms. Mary Ann Ruiz as the new chairperson. The Board then Cr discussed the item of electing a new vice -chair for the Board. The Board voted then voted to elect Mr. Jay Miller as the new vice -chairperson. IV. Public Hearings: 1. PB-20-006 Applicant: City of South Miami An Ordinance amending Chapter 20, Article II, Section 20-2.3, "Definitions" to add Affordable Housing related definitions, Article I% Sections 20-4.9 titled "Reserved" to create a new category titled "Affordable Housing" and related regulations, Article Vill, Sections 20-8.2, 20- 8.4, 20-8.8, and 20-8.10 and Section 7-3.2 of the City of South Miami Code of Ordinances, all to consolidate, add to and to clarify affordable housing related definitions and to, among other things, provide additional requirements for affordable housing as it relates to impact fees and development bonuses. Applicant: The City of South Miami, represented by Ms. Jane Tompkins (Planning Director) and Mr. Thomas Pepe, Esq. (City Attorney) Mr. Jacobs read PB-20-006 into the record. Mr. Pepe presented the item to the Board. Mr. Miller asked if the purpose of the proposed ordinance was to adopt a definition for affordable housing, to which Mr. Pepe agreed. He then asked if the definition was consistent with HUD, to which Mr. Pepe stated yes. Mr. Pepe then added that the draft ordinance is also including workforce housing and very low affordable housing in the definition. That way, these categories can be used in future housing developments. Mr. Miller stated that the ordinance would be consistent with what has already been done for the Madison Square project. He then asked if workforce housing has any HUD defined terms. Mr. Pepe explained that HUD talks more about moderate housing which is what Miami -Dade County defines as workforce housing. Because of that, Mr. Pepe explained that the proposed definition would be more in compliance with HUD. Mr. Borges asked if this ordinance would only apply to the TODD MU-6 zoning district. Mr. Pepe responded that the ordinance would apply to both the TODD MU-5 and the TODD MU-6 zoning district. Mr. Borges asked what the height restriction and density for the TODD MU-6 zoning district. Mr. Pepe responded that a building in the TODD MU-6 district can go as high as twelve (12) stories. Ms. Tompkins then responded that the density is controlled by the parking for the building. Mr. Borges then asked if a twelve (12) story building in that area can be built without affordable housing, to which Mr. Pepe stated no. Just to construct a building that is eight (8) stories high, the developer must provide at least 10% affordable housing in the building. If the developer wants to build to the twelve (12) story max, they must meet the bonus requirement of providing affordable housing in the building. Mr. Miller asked which is more restrictive, workforce housing or affordable housing. Mr. Pepe responded that workforce housing would be more restrictive. Mr. Pepe responded that workforce 41 housing has an area median income (AMI) of 80%-120% or approximately $52,000-54,000. Mr. Miller then added that by approving the proposed ordinance, more developers might be attracted to the City, to which Mr. Pepe agreed. Mr. Borges asked if any developers wanting to build high rise developments in the TODD district approach the City, to which Ms. Tompkins stated no. Mr. Jacobs asked a question about the bonuses for the TODD MU-6 zoning district. He asked for clarification on the bonuses forthe TODD MU-6 zoning district. He asked if a developer could build four (4) additional stories if they provide an additional 10% of affordable housing. He also asked if those additional floors would have to all be affordable housing as well. Ms. Tompkins responded that to obtain the bonus, the developer must provide an additional 5% affordable housing and 5% workforce housing units. Mr. Jacobs stated that constructing a building in the TODD MU-6 without assembling land is impossible. To give a bonus for the assemblage of land in the TODD MU-6 seems like a gift. Ms. Tompkins stated that the language was existing and was requested by the City Commission. Mr. Jacobs then stated that the bonus of providing a bicycle amenity is a low-cost investment for the value of an additional floor. Because of the market, it would benefit the developer to have those amenities and the City is giving away a floor for it. Ms. Ruiz asked if these bonuses are preexisting, to which Ms. Tompkins stated yes. Mr. Pepe then suggested that Mr. Jacobs lobby his commissioners if he wants to see those bonuses changed. Mr. Jacobs stated that the bonuses appear to be a recipe for forgetting about affordable housing. Ms. Tompkins added that the developer will still be required to meet the minimum 10% of affordable housing in the building. Ms. Ruiz stated that anything that makes language easier to understand and spurs interest is welcome and great. She then added that if the Board has comments regarding additional floors, they should be made separately to the Commission. Mr. Borges asked if the Board members can legally speak to the Commission on an item that was previously voted on by the Board. Mr. Pepe responded that the Commission on Ethics ruled that board members cannot address city commissioners at the podium. They can send them a letter. The Board then held a brief discussion on how a board member can properly speak to the City Commission. Mr. Jacobs asked if any of the Board members were interested in sending a message to the Commission that the bonus allocations were vapid and written with developers' interest in mind and not the residents. Mr. Pepe responded that the Board has the power to make recommendations. If someone wants to make a recommendation to the City Commission and is approved, it can be presented to the City Commission as a recommendation. Mr. Jacobs then stated that the bonus allocations were not in the interest of the public. They were in the interest of the developer. They are increasing density without giving the public any benefit Ms. Ruiz asked if there any additional language in another section of the LDC that covers the bonuses. Mr. Pepe stated that the information listed in the bonus allocation section is all that there was. Ms. Tompkins added that the projects that utilize the bonuses would be subject to the Q 42 review of both the Planning Board and approved by the City Commission. If the Board saw something that was inadequate, they could make a recommendation that it be changed. Mr. Miller asked if the review of the bonuses was part of the scope of what the City wanted to review for this item, to which Ms. Tompkins stated no. Mr. Miller then asked how the Board should proceed in reviewing the proposed draft ordinance. Mr. Pepe responded that the Board should tackle what is in front of them now and then address the issue of bonuses should be done afterwards. The Chairperson opened the floor to public comments on PB-20-006 None The Chairperson closed the floor to public comments on PB-20-006 The Board concluded their discussion on the item and made a motion. Motion: Ms. Ruiz moved to approve PB-20-006 as presented. Mr. Borges seconded the motion. Mr. Corey asked a question about the changes to the definition on solar panels. Mr. Pepe then explained that the definitions are in alphabetical order and the solar panel definition was out of order. The intent of the ordinance was to put it in the right place. Vote: Yes S. No 1(Jacobs) Mr. Corey: Yes Mr. Borges: Yes Ms. Ruiz: Yes Mr. Miller: Yes Mr. Jacobs: No Mr. Baldwin: Yes The motion to approve PB-20-006 was approved. V. Public Comments/New Business The Chairperson opened the floor for public comments and any new business. Public Comments Section There were no Public Comments. New Business Section Motion: Mr. Jacobs made a motion that the City Commission look at the bonus allocations. After having difficulty in making the motion and discussing it with the Board, Mr. Jacobs rescinded his motion. The Chairperson opened the floor for public comments and any new business. 43 VI. Approval of the Minutes 1. Planning Board Regular Meeting Minutes of January 14, 2020: Ms. Ruiz moved to approve the meeting minutes as presented. The motion was seconded by Mr. Borges. Vote: Yes 6. No 0 (None) Mr. Corey: Yes Mr. Borges: Yes Ms. Ruiz: Yes Mr. Miller: Yes Mr. Jacobs: Yes Mr. Baldwin: Yes VII. Future Meeting Date: April 14, 2020 VIII. Adjournment The meeting was adjourned at 8:29 P.M. 5 44