Item Coversheet

Committee Assignments - C4  A


TO:Honorable Mayor and Members of the City Commission 
FROM:Raul J. Aguila, Interim City Manager 
DATE:February  10, 2021



The Administration recommends that the City Commission refer the attached draft Ordinance to the Planning Board.


On October 20, 2020 the Affordable Housing Committee adopted a motion supporting incentives for affordable housing. On November 18, 2020, at the request of Commissioner Michael Gongora, the City Commission referred the item to the Land Use and Sustainability Committee (C4E).

On November 24, 2020 the LUSC discussed the item and continued it to the January 20, 2021 meeting, with direction to the Administration to prepare applicable ordinances and policy changes. On January 20, 2021 the LUSC recommended that the attached draft Ordinance be referred to the Planning Board.


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, has been endorsed by the LUSC and is on the February 10, 2021 City Commission consent agenda. For incentives 2 and 3, a draft Ordinance amending the applicable sections of the Land Development Regulations (LDRs) to implement the fee waivers is attached for referral to the Planning Board.

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.

The subject amendment is proposed for referral to the Planning Board on a comprehensive, citywide basis, and not on behalf of a private applicant or third party. Pursuant to section 118-162(c) of the Land Development Regulations of the City Code, amendments to the City Code require the payment of the applicable fees in section 118-7 and Appendix A. These fees may be waived by a five-sevenths (5/7ths) vote of the City Commission, based upon one or more of the following circumstances:

1. The City Manager determines, in writing, that the proposed amendment is necessary due to a change in federal or state law, and/or to implement best practices in urban planning;

2. Upon written recommendation of the city manager acknowledging a documented financial hardship of a property owner(s) or developer(s); and/or

3. If requested, in writing, by a non-profit organization, neighborhood association, or homeowner's association for property owned by any such organization or association, so long as the request demonstrates that a public purpose is achieved by enacting the applicable amendment.

The City Manager has determined that the proposed amendment implements best practices in urban planning.


Increase Availability of Affordable Housing


The Administration recommends the following:

1. In accordance with section 118-162(c) of the City Code, the City Commission waive the applicable application fees based upon the legislation implementing best practices in urban planning.

2. The City Commission refer the attached draft Ordinance to the Planning Board.

Applicable Area

Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Does this item utilize G.O. Bond Funds?
Yes No 

Strategic Connection

Neighborhoods - Modernize and streamline our old and complex land development regulations and City codes.
Legislative Tracking
Commissioner Michael Gongora