AFFORDABLE HOUSING LAND USE FEE WAIVERS

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE I, "IN GENERAL," AT SECTION 118-7, "FEES FOR THE ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS," TO WAIVE LAND DEVELOPMENT APPLICATION FEES FOR NON-ELDERLY AND ELDERLY LOW AND MODERATE INCOME HOUSING; AND AMENDING CHAPTER 122, "CONCURRENCY MANAGEMENT AND MOBILITY FEES," ARTICLE I, "PURPOSE AND GENERAL PROVISIONS," AT SECTION 122-5, "EXEMPTIONS FROM CONCURRENCY MITIGATION AND MOBILITY FEES," AND ARTICLE Ill, "MOBILITY FEES," AT SECTION 122-24, "CALCULATION OF MOBILITY FEE," TO WAIVE CONCURRENCY AND MOBILITY FEES FOR NON-ELDERLY AND ELDERLY LOW AND MODERATE INCOME HOUSING; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.

The October 20, 2020 motion of the Affordable Housing Committee supported the following incentives for affordable housing:

1. Expedite the building permit process.
2. Waive city land use board fees.
3. Waive city mobility fees.

Regarding incentive number 1, a separate Resolution, setting forth a policy to prioritize and expedite the review of affordable housing permits, was approved by the City Commission on February 10, 2021. For incentives 2 and 3, the attached Ordinance amending the applicable sections of the Land Development Regulations (LDRs) is proposed.

The proposed Ordinance would modify section 118-7 of the LDR’s to waive the application fee, per square foot fee, and per variance fee for the Design Review Board, Historic Preservation Board, and the Board of Adjustment for elderly and non-elderly low and moderate income housing (affordable housing) applications. An applicant would still be responsible for fees associated with public mail notice, public posting, advertisement, and couriers.

The modifications to Chapter 122 would waive applicable concurrency and mobility fees for affordable housing projects. Under the proposed modification, such projects would not be required to undergo a parks concurrency review and would be exempt from paying mobility fees.

These proposals are consistent with the Goals, Objectives, and Policies of the 2040 Miami Beach Comprehensive Plan that call for encouraging the development of affordable housing, including the following:

Guiding Principle 6: Prioritize Workforce Housing – The City shall encourage redevelopment that provides workforce and affordable housing.

Goal HE 1: Equitable Community – Support vulnerable populations with attainable housing options that are proximate to transportation services and basic needs to improve economic mobility within the community.

Objective HE 1.1: Creation and/or preservation of workforce and affordable housing – Have available a minimum of 6,800 housing units of workforce, affordable low and moderate income households and special needs populations during the period through 2030.

Policy HE 1.1.3: Cooperate with affordable and workforce housing developers’ efforts to leverage Miami-Dade Surtax funds and other financial incentives for the provision of housing affordable to workforce, very low to moderate-income households, including those with special needs, in Miami Beach.

PLANNING BOARD REVIEW
On March 23, 2021, the Planning Board held a public hearing and transmitted the ordinance to the City Commission with a favorable recommendation by a vote of 7-0.

UPDATE

The subject Ordinance was approved at First Reading on April 21, 2021, with no changes.