The URL can be used to link to this page

Home My WebLink AboutI-2 Ordinance: Affordable Housing CommitteeCity of ~l~tiami Gardens 1515-200 NW 167th Street Miami Gardens, Florida 33169 ~~~ / ~~',j~lAR1I ~~~. f~ -~ ,, ~ ~~, ~~ ~~`- . 04 Mayor Shirley Gibson Vice Mayor Oscar Braynon II Councilman Melvin L. Bratton Councilman Aaron Campbell Councilwoman Sharon Pritchett Councilwoman Barbara Watson Councilman Andre Williams MOVIORANDUM To: The Honorable Mayor and City Council From: Dr. Danny O. Crew, City Manager Thru: Daniel Rosemond, Community Development Director Date: April 11, 2007 Re: State Housing Initiative Partnership (SHIP) Funds Upon being awarded a federal allocation from U.S. Department of Housing and Urban Development, the City of Miami Gardens became eligible to receive funding from the Florida Housing Finance Corporation in the form of State Housing Initiative Partnership SHIP Funds. The process requires: • An ordinance establishing a Local Housing Assistance trust fund and providing that the City will adopt a Local Housing Assistance Plan for which the City of Miami Gardens, Department of Community Development will be responsible for administering. • An ordinance establishing an Affordable Housing Advisory Committee • A resolution accepting the Local Housing Assistance Plan (CHAP). • A resolution appointing the Housing Advisory Committee members. • A resolution accepting the specified amount of funding for 2007-2008. Adoption of these first two ordinances is the first steps in fulfiiling the State's requirement for allocation of these funds. These first two ordinances were approved at the March 14, 2007 Council meeting. Upon adoption of these ordinances by Council on today's meeting, staff will also present the resolution accepting the CHAP on the agenda. The CHAP governs the use of the State funds through various initiatives targeted at generating and preserving affordable housing. Like the federal allocation, these funds will be administered through our Department of Community Development. The allocation for 2007- 08 is estimated at $600,000.00. I-2) ORDINANCE 2'~ READING AFFORDABLE HOUSING ADVISORY COMMITTEE Recommendation: It is recommended that the City Council adopt the ordinance (on 2"d reading) establishing the Local Housing Assistance trust fund, providing that the City will adopt a Local Housing Assistance Plan to be administered by the City's Department of Community Development , and adopt the ordinance establishing the Affordable Housing Advisory Committee. 2 Ordinance No. 07- 1 ORDINANCE No. 07- 2 3 4 AN ORDINANCE OF THE CITY OF MIAMI GARDENS, FLORIDA 5 CREATING AN AFFORDABLE HOUSING ADVISORY 6 COMMITTEE; PROVIDING FOR MEMBERSHIP; PROVIDING ~ FOR PUBLIC MEETINGS; PROVIDING FOR TERMS; g PROVIDING FOR REMOVAL; PROVIDING FOR MEMBERSHIP 9 REQUIREMENTS; PROVIDING FOR REPORTING 10 REQUIREMENTS; PROVIDING FOR POWERS AND DUTIES; 11 PROVIDING FOR ADOPTION OF REPRESENTATIONS; 12 REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A 13 SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN 14 CODE; PROVIDING AN EFFECTIVE DATE. 15 16 WHEREAS, the State of Florida enacted the State Housing Initiatives 17 Partnership Act ("SHIP"), which was incorporated into Chapter 420, Florida Statutes, 18 and 19 WHEREAS, SHIP permits the allocation of a portion of documentary stamp taxes 20 on deeds to local governments for the development and maintenance of affordable 21 housing, and 22 WHEREAS, in order to be eligible for SHIP funds, a Local Housing Assistance 23 Plan as defined in Florida Statute 420.9071(14) must be implemented and approved by 24 resolution, and 25 WHEREAS, an Affordable Housing Advisory Committee must be created, by 26 separate resolution, to review and recommend affordable housing incentives, and Page 1 Ordinance No. 07- 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 28 OF MIAMI GARDENS, FLORIDA, as follows: 29 SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 30 Clauses are hereby ratified and confirmed as being true, and the same are hereby 31 made a specific part of this Ordinance. 32 SECTION 2. CREATION: There is hereby created an Affordable Housing 33 Advisory Committee ("Committee") in the City of Miami Gardens, and 34 SECTION 3. MEMBERSHIP/APPOINTMENT: The Committee shall be 35 comprised of nine (9) members, appointed by the Mayor and City Council. Each 36 Committee member shall serve at the pleasure of the City Council. All Committee 37 members shall be appointed by separate resolution. The Committee must include: 38 (a) One citizen who is actively engaged in the residential home building 39 industry in connection with affordable housing. 40 41 (b) One citizen who is actively engaged in the banking or mortgage 42 banking industry in connection with affordable housing. 43 44 (c) One citizen who is a representative of those areas of labor actively 45 engaged in home building in connection with affordable housing. 46 47 (d) One citizen who is actively engaged as an advocate for low-income 4g persons in connection with affordable housing. 49 50 (e) One citizen who is actively engaged as afor-profit provider of 51 affordable housing. Page 2 Ordinance No. 07- 52 53 (f) One citizen who is actively engaged as anot-for-profit provider of 54 affordable housing. 55 56 (g) One citizen who is actively engaged as a real estate professional in 57 connection with affordable housing. 58 59 (h) Two residents of the City who have an interest in affordable housing. 60 61 If the City due to the presence of a conflict of interest by prospective 62 appointees, or other reasonable factor, is unable to appoint a citizen actively engaged 63 in these industries in connection with affordable housing, a citizen engaged 64 in these industries without regard to affordable housing may be appointed. 65 SECTION 4. PUBLIC MEETINGS/ADVERTISEMENTS: All meetings of 66 the Advisory Committee shall be public meetings, and all Committee records are public 67 records. Notice of the time, date, and place of the public hearing of the Advisory 68 Committee to adopt final local housing incentive strategies recommendations must be 69 published in a newspaper of general paid circulation in the County. Such notice must 70 contain a short and concise summary of the local housing incentives strategies 71 recommendations to be considered by the Advisory Committee. The notice must state 72 the public place where interested persons can obtain a copy of the tentative Advisory 73 Committee recommendations. 74 Page 3 Ordinance No. 07- 75 SECTION 5. TERM: The terms of office for all Committee members shall 76 commence upon appointment. All members shall serve atwo-year term following their 77 appointment. 78 SECTION 6. REMOVAL: The City Council shall have the continuing right to 79 remove members appointed and to appoint another member as often as the City Council 80 shall deem appropriate in order to facilitate the business of the Committee. 81 SECTION 7. COMPENSATION/EXPENSES: Each member of the Committee 82 shall serve without salary or compensation. 83 SECTION 8. DISCLOSURES: Each applicant for appointment to the 84 Committee shall, as a prerequisite to consideration, file an application on a form to be 85 provided by the City Clerk, present a Voter's Registration Card and State of Florida 86 Driver's License or current State of Florida Identification Card. 87 SECTION 9. ATTENDANCE: Any member who fails to attend two (2) 88 consecutive regular meetings of the Committee, without being excused by the 89 Chairperson of the Committee, shall be subject to dismissal by the City Council. The 90 Chairperson may excuse members from attendance for the following reasons: work 91 conflict, religious holiday conflict, personal, or family illness or death. The Chairperson 92 shall not excuse any Committee member for more than three (3) meetings in any Paae 4 Ordinance No. 07- 93 calendar year. 94 SECTION 10. ELECTION OF OFFICERS: As soon as practicable, after the first 95 appointment of Committee members, and on an annual basis thereafter, Committee 96 members shall meet and elect three (3) of their members, one (1) to serve as 97 Chairperson, one (1) to serve as Vice-Chairperson, and one (1) to serve as Secretary. 98 The Vice-Chairperson shall chair meetings in the absence of the Chairperson. 99 SECTION 11. BYLAWS, RULES AND REGULATIONS: Robert's Rules of Order 100 shall govern the Committee. 101 SECTION 12. MEETINGS: At the first regular meeting, the Committee shall 102 establish a regular meeting date, location and time, and shall thereafter meet on a 103 monthly basis. The City Clerk shall be informed of all regular meeting dates and special 104 meeting dates. 105 SECTION 13. QUORUM: The presence of five (5) or more Committee members 106 shall constitute a quorum. All approvals of the Committee shall require a majority vote. 107 SECTION 14. REPORTING: The Committee shall advise and make 108 recommendations to the City Council by written memoranda. At the meeting of the City 109 Council where the recommendations of the Committee are to be discussed and/or acted 110 upon, the Committee shall cause one of its members to appear for the purpose of Page 5 Ordinance No. 07- 111 presenting the Committee's recommendation to the City Council. 112 SECTION 15. POWERS AND DUTIES: The Committee shall review the 113 established policies and procedures, Ordinances, Land Development Regulations, and 114 adopted Comprehensive Plan of the City and shall recommend specific initiatives to 115 encourage or facilitate affordable housing while protecting the ability of the property to 116 appreciate in value. Such recommendations may include the modification or repeal of 117 existing policies, procedures, ordinances, regulations, or plan provisions; the creation of 118 exceptions applicable to affordable housing; or the adoption of new policies, 119 procedures, regulations, ordinances, or plan provisions. At a minimum, the Advisory 120 Committee shall make recommendations on affordable housing incentives in the 121. following areas: 122 123 (a) The processing of approvals of development orders or permits, as 124 defined in Section 163.3164(7) and (8), Florida Statutes, for affordable housing 125 projects is expedited to a greater degree than other projects. 126 127 (b) The modification of impact-fee requirements, including reduction or 128 waiver of fees and alternative methods of fee payment for affordable 129 housing. 130 131 (c) The allowance of increased density levels for affordable housing. 132 133 (d) The reservation of infrastructure capacity for housing for very-low-income 134 persons and low-income persons. 135 Page 6 Ordinance No. 07- 136 (e) The allowance of affordable accessory residential units in residential zoning 137 districts. 138 139 (f) The reduction of parking and setback requirements for affordable housing. 140 141 (g) The allowance of zero-lot-line configurations for affordable housing. 142 143 (h) The modification of street requirements for affordable housing. 144 145 (i) The establishment of a process by which the City considers, 146 before adoption, policies, procedures, ordinances, regulations, or plan 147 provisions that increase the cost of housing. 148 149 Q) The preparation of a printed inventory of locally owned public lands 150 suitable for affordable housing. 151 152 (k) The Advisory Committee recommendations must also include other affordable 153 housing incentives identified by the Advisory Committee. 154 155 SECTION 16. AMENDMENTS TO LOCAL HOUSING ASSISTANCE PLAN: 156 Within 90 days after the date of receipt of the local housing incentive strategies 157 recommendations from the advisory committee, the governing body of the appointing 158 local government shall adopt an amendment to its local housing assistance plan to 159 incorporate the local housing incentive strategies it will implement within its jurisdiction. 160 The amendment must include, at a minimum, the local housing incentive strategies 161 specified in paragraphs (15)(a)-(j). 162 SECTION 17. CONFLICT: All ordinances or Code provisions in conflict Page 7 Ordinance No. 07- 163 herewith are hereby repealed. 164 SECTION 18. SEVERABILITY: If any section, subsection, sentence, 165 clause, phrase or portion of this Ordinance is for any reason held invalid or 166 unconstitutional by any court of competent jurisdiction, such portion shall be deemed a 167 separate, distinct and independent provision and such holding shall not affect the validity 168 of the remaining portions of this Ordinance. 169 SECTION 19. INCLUSION IN CODE: It is the intention of the City Council of 170 the City of Miami Gardens that the provisions of this Ordinance shall become and be 171 made a part of the Code of Ordinances of the City of Miami Gardens and that the 172 sections of this Ordinance may be renumbered or relettered and the word "Ordinance" 173 may be changed to "Chapter," "Section," "Article" or such other appropriate word or 174 phrase, the use of which shall accomplish the intentions herein expressed; provided, 175 however, that Section 1 hereof or the provisions contemplated thereby shall not be 176 codified. 177 SECTION 20 EFFECTIVE DATE: This Ordinance shall become effective 178 thirty (30) days after its passage. PASSED ON FIRST READING IN FULL ON THE 20 PASSED ON SECOND READING BY TITLE ONLY THE 20 DAY OF DAY OF Page 8 Ordinance No. 07- ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE DAY OF 20 SHIRLEY GIBBON, MAYOR ATTEST: RONETTA TAYLOR, CMC, CITY CLERK Prepared by SONJA K. DICKENS, ESQ. City Attorney SPONSORED BY: Danny Crew, City Manager MOVED BY: VOTE: Mayor Shirley Gibson (Yes) (No) Vice Mayor Oscar Braynon, II (Yes) (No) Councilman Melvin L. Bratton (Yes) (No) Councilman Aaron Campbell (Yes) (No) Councilman Andre' Williams (Yes) (No) Councilwoman Sharon Pritchett (Yes) (No) Councilwoman Barbara Watson (Yes) (No) 128304_1.DOC Page 9