HomeMy WebLinkAboutH-2 Ordinance: Affordable Housing Advisory CommitteeCity of ~Vliami ~ard~ens
1515-200 NW 16~ Street
Miami Gardens, Florida 33169
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: March 14, 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 (LHAP).
• A resolution appointing the Housing Advisory Committee members.
• A resolution accepting the specified amount of funding for 2007-2008.
Adoptions of these first finro ordinances are the first steps in fulfilling the State's requirement for
allocation of these funds.
Upon adoption of these ordinances by Council, staff will have the resolution accepting the LHAP
on the April 11, 2007 agenda. The LHAP 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.
H-2) ORDINANCE
1 ST READING
AFFORDABLE HOUSING
ADVISORY COMMITTEE
~~cflr~~-ne~daiid~: It i~ r~,~err~~;~~i~dv~ tha~ the ~ifi~ Cau~cii adopt the ordinance establishing the
~ocal Ho~sar~g ,~ssist~r~ce trust fu~d, ~r~viding tha# the Cifi~ ~n~ill adopt a Local Housing 1~ssistance
Plan to be administered by the City's Department of Community Development and adopt the
ordinance establishing the Aifordable Housing Advisory Committee.
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Ordinance No. 07-
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ORDINANCE No. 07-
AN ORDINANCE OF THE CITY OF MIAMI GARDENS, FLORIDA
CREATING AN AFFORDABLE HOUSING ADVISORY
COMMITTEE; PROVIDING FOR MEMBERSHIP; PROVIDING
FOR PUBLIC MEETINGS; PROVIDING FOR TERMS;
PROVIDING FOR REMOVAL; PROVIDING FOR MEMBERSHIP
REQUIREMENTS; PROVIDING FOR REPORTING
REQUIREMENTS; PROVIDING FOR POWERS AND DUTIES;
PROVIDING FOR ADOPTION OF REPRESENTATIONS;
REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN
CODE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida enacted the State Housing Initiatives
Partnership Act ("SHIP"), which was incorporated into Chapter 420, Florida Statutes,
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WHEREAS, SHIP permits the allocation of a portion of documentary stamp taxes
on deeds to local governments for the development and maintenance of affordable
housing, and
WHEREAS, in order to be eligible for SHIP funds, a Local Housing Assistance
Plan as defined in Florida Statute 420.9071(14) must be implemented and approved by
resolution, and
WHEREAS, an Affordable Housing Advisory Committee must be created, by
separate resolution, to review and recommend affordable housing incentives, and
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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.
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41 (b) One citizen who is actively engaged in the banking or mortgage
42 banking industry in connection with affordable housing.
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44 (c) One citizen who is a representative of those areas of labor actively
45 engaged in home building in connection with affordable housing.
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47 (d) One citizen who is actively engaged as an advocate for low-income
48 persons in connection with affordable housing.
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50 (e) One citizen who is actively engaged as a for-profit provider of
51 affordable housing.
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Ordinance No. 07-
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53 (fl One citizen who is actively engaged as a not-for-profit provider of
54 affordable housing.
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56 (g) One citizen who is actively engaged as a real estate professional in
57 connection with affordable housing.
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59 (h) Two residents of the City who have an interest in affordable housing.
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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.
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Ordinance No. 07-
75 SECTION 5. TERM: The terms of office for all Committee members shall
76 commence upon appointment. All members shall serve a two-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. ATfENDANCE: Any member who fails to attend finro (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
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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
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Ordinance No. 07-
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presenting the Committee's recommendation to the City Council.
SECTION 15. POWERS AND DUTIES: The Committee shall review the
established policies and procedures, Ordinances, Land Development Regulations, and
adopted Comprehensive Plan of the City and shall recommend specific initiatives to
encourage or facilitate affordable housing while protecting the ability of the property to
appreciate in value. Such recommendations may include the modification or repeal of
existing policies, procedures, ordinances, regulations, or plan provisions; the creation of
exceptions applicable to affordable housing; or the adoption of new policies,
procedures, regulations, ordinances, or plan provisions. At a minimum, the Advisory
Committee shall make recommendations on affordable housing incentives in the
following areas:
(a) The processing of approvals of development orders or permits, as
defined in Section 163.3164(7) and (8), Florida Statutes, for affordable housing
projects is expedited to a greater degree than other projects.
(b) The modification of impact-fee requirements, including reduction or
waiver of fees and alternative methods of fee payment for affordable
housing.
(c) The allowance of increased density levels for affordable housing.
(d) The reservation of infrastructure capacity for housing for very-low-income
persons and low-income persons.
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Ordinance No. 07-
136 (e) The allowance of affordable accessory residential units in residential zoning
137 districts.
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139 (fl The reduction of parking and setback requirements for affordable housing.
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141 (g) The allowance of zero-lot-line configurations for affordable housing.
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143 (h) The modification of street requirements for affordable housing.
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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.
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149 Q) The preparation of a printed inventory of locally owned public lands
150 suitable for affordable housing.
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152 (k) The Advisory Committee recommendations must also include other affordable
153 housing incentives identified by the Advisory Committee.
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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
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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 DAY OF
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PASSED ON SECOND READING BY TITLE ONLY THE DAY OF
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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
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SHIRLEY GIBSON, 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)
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