Miami-Dade Legislative Item
File Number: 061429
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File Number: 061429 File Type: Ordinance Status: Withdrawn
Version: 0 Reference: Control: Infrastructure and Land Use Committee
File Name: WORKFORCE HOUSING Introduced: 5/8/2006
Requester: NONE Cost: Final Action: 6/7/2006
Agenda Date: Agenda Item Number: 7
Notes: NOTE TO CAO:FILED IN COMMISSIONER FILE Title: ORDINANCE PERTAINING TO ZONING, WORKFORCE HOUSING, BUILDING PERMIT PROCESS AND ENFORCEMENT OF WORKFORCE HOUSING DEVELOPMENT PROGRAM; ESTABLISHING WORKFORCE HOUSING DEVELOPMENT PROGRAM; PROVIDING LEGISLATIVE INTENT, FINDINGS AND PURPOSE, DEFINITIONS, APPLICABILITY, REQUIREMENTS, INCENTIVES, PROGRAM ADMINISTRATION, ENFORCEMENT AND APPEALS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 053135] [SEE AGENDA ITEM NOS. 3A THROUGH 3G AND 4A]
Indexes: WORKFORCE HOUSING
  ZONING
Sponsors: Barbara J. Jordan, Prime Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Infrastructure and Land Use Committee 6/7/2006 3B Withdrawn P
REPORT: Assistant County Attorney Joni Armstrong-Coffey read the foregoing proposed ordinance into the record. Ms. O’Quinn Williams, Director, Department of Planning & Zoning (DPZ), provided a PowerPoint presentation illustrating details regarding the new zoning ordinance and its impact on affordable/workforce housing efforts. Mr. Alphonso Brewster, Director, Miami-Dade Housing Agency (MDHA), provided information regarding the schedule of income and mortgage limits which identified the targeted population for workforce/affordable housing units. In response to Chairwoman Seijas’ concern regarding mortgage subsidies, Ms. Lawanda Thompson, MDHA, advised that the County provided up to $80,000 in subsidies for low and very low income residents through the current housing program. She noted additional assistance with down payments and closing costs was also provided through programs administered by the County and the City of Miami. Chairwoman Seijas opened the public hearing and the following individuals appeared in support of the Workforce Housing Ordinance: Mr. Michael Bernstein, Chairman, Workforce Housing Committee for the Greater Miami Chamber of Commerce, spoke in support and provided a brief overview of the Work Force Housing Committee’s funding process and the potential positive impact the foregoing proposed ordinance would have. Ms. Daniella Levine, Executive Director, Human Services Coalition, commended Commissioner Jordan for her role in developing this ordinance. Ms. Levine noted inclusionary zoning was a key component that must be part of our County’s comprehensive plan. Ms. Loni Contrody (phonetic), President, Builders Association of South Florida (BASF), spoke in support and expressed concern that the Miami-Dade’s zoning approval process did not ensure that the density bonuses proposed in the ordinance would be approved at the public hearing. Ms. Contrody proposed the following amendments to the ordinance: 1. Establish a countywide Workforce Zoning Appeals Board; 2. Change the requirement to overturn the Zoning Appeals Board’s decision from a 2/3 vote to a majority vote; and 3. Eliminate the workforce housing fee for applicants denied by the Workforce Zoning Appeals Board and the BCC after receiving recommendations for approval by County staff. Mr. John A. Ise, Policy Planning & Development Coordinator, Alliance for Human Services (AHS), spoke in support and suggested that the Board of County Commission pass a resolution urging municipalities to adopt a similar housing affordability strategy. Mr. Ken Forbes, 25121 SW 120th Place, presented letters in support of the Workforce Housing Ordinance from the Goulds Community Development Corporation (CDC) and the Naranja-Princeton Community Development Corporation (CDC). Mr. Scott Rosenbaum presented pictures depicting the aesthetically pleasing image inclusionary zoning would provide. Mr. Milton Vickers, Executive Director, Metro-Miami Action Plan Trust (MMAP), read into the record a resolution developed by the MMAP Trust which supported the proposed Work Force Housing ordinance. He also provided a brief overview of the different ways in which this ordinance would enhance the agency’s efforts to subsidize closing costs and down payments for purchasing homes. Mr. James Brown, President, J. L. Brown Development Corporation, spoke in support. Mr. Mario Artecona, Housing Committee Chair, Community Relations Board (CRB), expressed concern regarding the spread between the low and high income range and asked that safeguards be included in the ordinance to ensure the low income range was addressed. Mr. Jamille Rivers spoke in support. Ms. Wanda Perez noted the increasing need for housing for low to moderate income individuals in Miami-Dade County. Ms. Jennifer Greer, 19400 SW 117 Avenue, J.L. Brown Development, spoke in support and asked that this ordinance be extended to local municipalities countywide. She further requested the County provide additional incentives for developers for 100% workforce housing developments. The following individuals appeared in opposition to the Workforce Housing Ordinance: Mr. Tom Cumberford (phonetic), Director, Sacred Heart Outreach Center (SHOC), Homestead, expressed concern that this proposal would not serve a significant amount of the workforce in the Homestead and Florida City area. Ms. Val Screen, Esq., 780 NE 69th Street, noted her support for Agenda Item 3E, but expressed some concern with housing issues and proposed the following suggestions: 1) amend the living wage ordinance to add a workforce housing component; 2) amend the County’s Community Business Enterprise (CBE) Ordinance to better organize competition among small businesses; 3) initiate a community-wide campaign in support of workforce housing; and 4) assist in the repair of unsuitable credit by individuals who desired to purchase homes. Mr. Isaac Carter, St. Thomas University, Hialeah, spoke in opposition to the ordinance and asked that the Committee work to develop an ordinance that met the needs of the community. Father Jorge Norga (phonetic), via a Spanish language translator, spoke in opposition. Mr. Aaron Dorfman, Executive Director, People Acting for Community Together (PACT), asked members to stand and be recognized. He stated the organization previously supported the proposed ordinance but could no longer do so as currently written. Mr. Dorfman recommended the ordinance either be amended to include income tiering or deferred to allow for further review. Mr. Bruce Jay, Social Justice Chair, Temple Israel of Greater Miami, 137 NE 19th Street, spoke in opposition and expressed concern that this ordinance did not encourage builders to consider building below the top tier. Mr. Charles Alsessor (phonetic), attorney, Florida Legal Services, 3000 Biscayne Boulevard, suggested the County provide subsidies in connection with this ordinance to create rental housing. Mr. Marcos Feldman, Research Institute of Social and Economic Policy, Florida International University (FIU), spoke in opposition as this ordinance would not achieve the goal of reaching the lower income households and requested income tiering be implemented into the ordinance. Ms. Sushma Sheth, Miami Workers Center, encouraged continued debate through various venues for a more holistic housing policy within the County. Ms. Doris Hall noted the ordinance’s current design was inadequate to address all of the components involving low to moderate income individuals. She asked that the ordinance be deferred. Mr. Martin Lampkin, 10235 SW 172 Street, Community Action Agency (CAA) Advisory Committee, noted his neighborhood would be negatively impacted by the Workforce Housing Ordinance if adopted. There being no other individuals to appear, Chairwoman Seijas closed the public hearing. Ms. O'Quinn Williams provided a brief introduction of Mr. Owen Beitsch and Mr. Steven McDonald, Real Estate Research Consultants and gave an overview of the firm’s performance and qualifications. Dr. Owen Beitsch, Executive Vice President, Real Estate Research Consultants, greeted committee members and provided a brief account of his firm’s qualifications and experience relative to its responsibilities connected with the foregoing proposed ordinance. He initiated a PowerPoint presentation on the workforce housing issues facing Miami-Dade County and the foregoing proposed ordinance. Dr. Beitsch noted, based on the firm’s financial model, workforce housing would result in minimum financial impact and would be economically neutral to the community. Mr. Steven McDonald, Economist/Vice President, Real Estate Research Consultants, continued conducting the presentation focusing on three concepts: summary of findings; definition of affordability; issues related to Miami-Dade County’s needs (supply and demand). Mr. McDonald pointed out that many affordable housing ordinances resulted in artificial price controls. Commissioner Gimenez pointed out the need to revisit the statistics to determine whether the problems were improving or worsening. In response to Commissioner Gimenez question of whether the numbers had changed from an historical context, Dr. Beitsch noted he was unsure and advised that without reference to historical perspectives, the absolute numbers had clearly increased. Additionally, the historical perspectives might not be significant relative to this particular group of people because housing prices were at an historical high and historically had not rolled back. The prices had increased substantially over the last three year and peaked last year, Dr. Beitsch noted. He explained that while Commissioner Gimenez’ comments were valid, they might not be important from an historical content. Responding to Commissioner Diaz’ question regarding the reason for the rejection rate, Dr. Beitsch noted one could assume that credit ratings were a factor and that clearly a gap existing in certain income groups needed to be addressed. Chairwoman Seijas questioned how this information could be used to assist the Committee in deciding on the foregoing proposed ordinance. Dr. Beitsch stated the most fundamental issue was that as public policy makers, the objectives of the ordinance were to provide inclusionary incentives for mixed income housing, and to balance housing issues. Secondly, an unlevel playing field existed for this segment of the population (approximately one-third) who were not provided any assistance in terms of affordability. Dr. Beitsch noted federal, state and local funding was available for the lowest income group for both individual and public housing incentives and greater than forty percent of the population who needed no assistance. The intent of this ordinance was to target a specific group and based on the research, it would be good public policy for the County to create a supply of workforce housing units to increase homeownership and loan origination for the targeted population. He explained that this ordinance was not intended to provide a hundred percent ownership among the targeted group. Additionally, the origination rate of housing was almost sixty percent lower than the highest group, which indicated that the cost for a home, on a conventional lending basis, was more affordable for higher incomes and less affordable for that group, Mr. Beitsch noted. Mr. McDonald noted it was difficult to consolidate these complex issues. Chairwoman Seijas pointed out the importance of Committee members understanding the full scope of the issues involved in order to develop public policy that could impact the taxpayers of this community. She noted her primary concern was justifying the exclusion of certain segments. Dr. Beitsch addressed the affordability calculations, which he noted calculated affordability based on thirty and forty percent standard. He noted that at thirty percent, a household at eighty percent of the median income could afford an income supported principle amount of roughly $142,000 versus roughly $187,000 based the forty percent standard. Commissioner Jordan pointed out that this was addressed on handwritten pages 3 and 4 of the County Manager’s memorandum. Following a discussion among Committee members regarding affordability calculations as defined by U.S. Housing and Urban Development (HUD), Dr. Beitsch noted the primary objectives of the research. He explained that a review of the financial feasibility of implementing inclusionary zoning provisions found minimal financial impact. He noted, however, it was important to stress that density was critical, and as a caveat to the conclusion, existing and minimal densities to meet workforce units or bonus densities could not be achieved. Chairwoman Seijas noted the results of the research were very thorough; that as mentioned earlier, density was the key to implementing inclusionary zoning. She indicated commissioners must determine how to maintain the density to prohibit changes and factor this into any policy established by the County Commission. Commissioner Jordan inquired of Dr. Beitsch whether he could provide examples of developers being required to pay into the system and the process for when the units were not built. Dr. Beitsch explained that variances existed within each set of regulations and allowed allow different provisions to be implemented. He said he felt it was fair to say that density was not as much of an issue in other communities, such as the city of Orlando. Mr. Donald expounded. Dr. Beitsch explained that 100% bonus density was recommended based on the financial analysis, and was needed based on the cost of providing those units. Commissioner Gimenez noted commissioners were told that inclusionary zoning would not work in high rises. Commissioners Gimenez and Diaz commended Dr. Beitsch and Mr. McDonald for their candor and an excellent presentation. Commissioner Diaz noted he felt the research provided Committee members with some good insight. Commissioner Jordan expressed her opinion that suddenly the entire burden of affordable housing was tied on this ordinance unfairly and stated the intent of the ordinance to begin addressing housing crisis in Miami-Dade County. She clarified that this ordinance was not a silver bullet; rather it was intended to assist individuals whose incomes exceeded the limit to quality for government assistance, but were not high enough to afford the market rate. Additionally, she noted this ordinance was intended to create mixed income communities, which some people did not support because they feared it would decrease the value of their property. Concerning comments that people who did not qualify for subsidy would be excluded, Commissioner Jordan explained that these people could still apply for the existing programs. She noted any jurisdiction with income tiers provided subsidies as well. The only subsidy addressed in this proposed ordinance was the density bonuses; without which the developer’s income tiers would result in fewer workforce units. This would also jeopardize the compatibility of workforce and market rate units and the ability to sell empty units. Commissioner Jordan noted governments could establish policy to control the economic impact of situations, and if the government assisted an individual in purchasing a unit that he/she could not otherwise afford, then it was that government’s responsibility to ensure subsequent owners of that unit benefited from that same assistance. She noted equity sharing was an opportunity that everyone should have and that the government needed to ensure that as prices increased, future groups of affordability challenged individuals would be able to purchase the homes at the affordable rate. Commissioner Jordan noted the argument that developers would only build at the higher end of the rate was dependent on the housing market and on where the property was located. Chairwoman Seijas noted she thought the concept was magnificent and appeared to be feasible, but she could not fully support this ordinance. She noted it needed to be restructured to achieve the initial goal of creating a unified population from this community that lived in the same environment, enjoyed the same quality of life, and participated in the same social opportunities. Commissioner Gimenez noted he concurred with Chairwoman Seijas’ desired results but would use a different approach. He noted he hoped the Committee could work to resolve pending issues. Commissioner Diaz noted everything needed to be compiled and forces needed to be joined. Commissioner Edmonson noted she agreed with her colleagues and indicated she would like all pay levels and skills to be included. She further noted she would like to participate in any workshops held and expressed her support of the initial efforts made on this ordinance. Commissioner Jordan stated she would accept the recommendations made to defer this ordinance. She noted land that could be used for workforce housing was being lost and Miami-Dade County was increasingly pricing the workforce out of the housing market. Following discussion regarding the zoning process, collaboration with the advocates for housing and the development community, and the fear of change in the development community, Commissioner Jordan noted she would like to have a sunshine meeting in September. Commissioner Jordan agreed she wanted input from commissioners before the August Commission break. Chairwoman Seijas noted the sunshine meeting should be held on September 11, 2006. In response to a request for additional comments from the County administration, Assistant County Attorney Armstrong-Coffey noted she recommended this ordinance be withdrawn with direction to the County Manager and the County Attorney to bring back a new ordinance for first reading in September. Following a request for clarification on her recommendation, Assistant County Attorney Armstrong-Coffey noted multiple ordinances might be necessary to address changes to this ordinance. Commissioner Diaz asked that this be addressed in a way that eliminated the need to present multiple public ordinances after the fact. It was noted by Assistant County Attorney Armstrong-Coffey that Agenda Items 3C, 3F and 3G were companion items to Agenda Item 3B and should be withdrawn as well. She advised that Agenda Items 3D and 3E could be considered independent of those items to be withdrawn. There being no further discussion on the foregoing matter, the committee proceeded to vote.

County Attorney 5/18/2006 Assigned Infrastructure and Land Use Committee 6/7/2006

County Attorney 5/8/2006 Assigned Infrastructure and Land Use Committee 5/16/2006

County Attorney 5/8/2006 Assigned Joni Coffey

Legislative Text


TITLE
ORDINANCE PERTAINING TO ZONING, WORKFORCE HOUSING, BUILDING PERMIT PROCESS AND ENFORCEMENT OF WORKFORCE HOUSING DEVELOPMENT PROGRAM; ESTABLISHING WORKFORCE HOUSING DEVELOPMENT PROGRAM; PROVIDING LEGISLATIVE INTENT, FINDINGS AND PURPOSE, DEFINITIONS, APPLICABILITY, REQUIREMENTS, INCENTIVES, PROGRAM ADMINISTRATION, ENFORCEMENT AND APPEALS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Chapter 33, Article XIIA of the Code of Miami-Dade County, Florida is hereby created to read as follows:
ARTICLE XIIA.
WORKFORCE HOUSING DEVELOPMENT PROGRAM
Sec. 33-193.3. Short title.
This article shall be known as the “Workforce Housing Development Program of Miami-Dade County, Florida.”

Sec. 33-193.4. Legislative intent, findings, and purpose.

(A) Need for workforce housing in Miami-Dade County.

The health, safety, and welfare of the present and future residents of Miami-Dade County depend on the availability of a range of housing choices affordable to persons and families of all income levels in all areas of Miami-Dade County.  Current patterns of development have resulted in a persistent shortage of housing for certain sectors of the community.  Studies of market demand show that for the foreseeable future more than 50% of the new labor force in Miami-Dade County will require moderately priced housing units. Currently, there exists in Miami-Dade County a shortage of housing affordable to individuals and families of moderate incomes, particularly those whose earnings range from 65% to 140% of the County's median income, the "workforce target income group." The workforce target income group includes many public employees and others employed in key occupations that support the local community. Increasingly, the high cost and short supply of housing affordable to persons and families of moderate income mean that many employees in the workforce target income group cannot afford to live in Miami-Dade County, while others can only afford to live in areas concentrated according to price and income level.

The uneven distribution of moderately-priced housing results in additional stratification of housing according to price and income level. It is in the best interests of the public health, safety, and welfare of the present and future residents of Miami-Dade County to reduce or eliminate such economic stratification by adopting land use regulations that encourage development of land available for residential use in Miami-Dade County in a manner that emphasizes integration of new housing for individuals and families in the workforce target income group into new, expanding, or redeveloping neighborhoods.

The uneven geographic distribution of housing affordable to the workforce target income group, as well as the distance between jobs and available housing, also increase traffic congestion and decrease economic productivity. Traffic and roadway congestion in turn adversely affect the environment and diminish air quality, increasing the burden on the public health care system and resulting in rising health care costs. The public health, safety, and welfare of the present and future residents of Miami-Dade County can best be protected by adopting land use policies to ensure that housing affordable to the workforce target income group is distributed throughout the county near workplaces, rather than being concentrated in enclaves separate from jobs and higher-priced housing.

The Florida Growth Management Act requires Miami-Dade County to adopt a comprehensive plan to guide future development and growth, including a housing element consisting of standards, plans, and principles to be followed in the provision of housing for all current and anticipated future residents. Exercising the authority conferred by the Miami-Dade County Home Rule Charter, and in furtherance of the Growth Management Act, the Board of County Commissioners has adopted the Comprehensive Development Master Plan ("CDMP"), including a housing element which establishes goals, objectives, and policies to ensure the provision of all variations of affordable housing products to meet the spatial and economic necessities of all current and future residents regardless of household type or income.

B. Causes and consequences of lack of sufficient workforce housing supply.

In order to assess the extent of the housing shortage, identify the most severely affected sectors of the community, and ascertain the need for a workforce housing development program, the Board of County Commissioners established a task force consisting of county housing, zoning, and planning professionals, and representatives of the private, for-profit, development community.  The mission of the task force was to analyze the current and anticipated future make-up of Miami-Dade County's workforce and population, the geographic distribution of moderately-priced housing, historical and current patterns of development applications and approvals, the distance between jobs and housing for the workforce target income group, the overall impact of the housing shortage on the economy of Miami-Dade County, and the adverse consequences failure to act would have on the health, safety, welfare, comfort, and convenience of the present and future residents of Miami-Dade County. The need for the workforce housing development program as identified by the task force is the result of a variety of factors, including, but not limited to, those noted below.

(1) Increasing population pressure. Miami-Dade County, in both the incorporated and unincorporated areas, is experiencing a rapid increase in the numbers of residents in the workforce target income group, including persons with fixed or reduced incomes, young adults forming new households, minority households, single adults, and many public employees and others in key occupations serving the entire community including teachers, police and public safety personnel, health care workers and mid-level management workers.  Studies show that, as a result of this population increase, for the foreseeable future more than one-half of the new labor force in Miami-Dade County will require workforce housing.

(2) Cost burdens. Households in Miami-Dade County suffer from a high and increasing housing cost burden.  Households have traditionally been regarded as "cost burdened" if they spend more than 30% of their gross income on housing costs.  In Miami-Dade County, nearly 51% of all renter households pay more than 30% of their income in gross rent.  In owner-occupied units, more than 36% of all households pay more than 30% of their income on housing.

(3) Inadequate housing supply for the workforce target income group.  Current patterns of development, the costs of acquiring land suitable for residential development, and the disposition of remaining developable land have resulted in an abundance of higher-priced housing and a shortage of housing economically attainable by the workforce target income group.  With the exception of housing developed with government subsidies, privately developed new residential housing being built in Miami-Dade County generally is not affordable to the workforce target income group.  Experience indicates that state and federal funds for the construction of affordable housing will not address the housing needs of the workforce target income group.

(4) Overcrowding. Overcrowding is a major problem in Miami-Dade County. The problem is acute in low to moderate income households and households in the workforce target income group. Analyses indicate nearly 20% of all housing units in Miami-Dade County are overcrowded.

(5) Concentration of housing based on economic status. Demographic analyses indicate that development applications and approvals that reduce the supply of land developable for residential use, and which result in a disproportionate amount of higher-priced housing, discriminate against individuals and families in the workforce target income group, including young families, retired and elderly persons, single adults, female heads of houses, and minority households.  Such development activity produces the undesirable and unacceptable effect of concentrating housing according to price, thus frustrating the policies and goals of the housing element of the CDMP, and increasing the threat to the public health, safety, welfare, comfort, and convenience of the present and future residents of Miami-Dade County.

(6) Need for involvement of private development community. Existing efforts to encourage private, for-profit, developers to construct housing within the economic reach of the workforce target income group have met with very limited success.  It is apparent that the need for housing for the workforce target income group can only be addressed if the responsibility for ensuring a diverse and adequate supply of housing is shared by Miami-Dade County, and the private, for-profit, development community.

C. Authority to establish and administer a workforce housing development program.

The Miami-Dade County Home Rule Charter specifically authorizes the Board of County Commissioners to prepare and enforce comprehensive plans for the development of Miami-Dade County in the incorporated and unincorporated areas, to establish, coordinate, and enforce such zoning regulations as are necessary for the protection of the public, to exercise all powers and privileges granted to municipalities, counties and county officers by the Constitution and laws of the State, to exercise all powers not prohibited by the Constitution or by the Charter, and to perform any other acts consistent with law which are required by the Charter or which are in the common interest of the people of the County.  The workforce housing development program of Miami-Dade County is declared to be a proper and necessary exercise of the powers conferred upon the Board of County Commissioners for the protection of the health, safety, welfare, comfort, and convenience of the present and future residents of Miami-Dade County.

Consistent with the goals, objectives, and policies of the land use and housing elements of the CDMP, the objective of the workforce housing development program is to increase the supply of housing affordable to the workforce target income group, and to address many of the problems associated with the short supply of housing affordable to the workforce target income group and with the uneven, poor geographic distribution of such housing throughout Miami-Dade County.  Through utilization of a combination of density bonuses, relaxation of intensity standards, flexible design criteria, and other incentives, the workforce housing program established herein will help alleviate the existing housing shortage by making it more feasible for the private, for-profit, development community to create and deliver a greater number of housing units affordable to the workforce target income group.  Requiring dispersal of workforce housing units throughout this community will avoid overconcentration of such housing. By establishing incentives encouraging the development of housing for the workforce target income group in areas in proximity to mass transit facilities, the workforce housing program will also help alleviate traffic pressure, roadway congestion, and other problems associated with the geographic distance between jobs and available housing. 

D. Need for workforce housing trust fund.

It is the intent of the Board of County Commissioners to create a workforce housing trust fund as a permanent, renewable source of revenue to meet, in part, the housing needs of the workforce target income group. Those households which are intended to benefit from the trust fund are income eligible and possess at least one of the following characteristics: (1) they are cost-burdened by paying more than 30% of their gross income for housing costs, (2) they live in overcrowded conditions, or (3) they live in substandard housing units.

The workforce housing trust fund shall be used solely for programs and administrative support approved by the Board of County Commissioners to meet the housing needs of workforce target income group households as defined in this article. These programs shall include, without limitation, those providing assistance through production, acquisition, rehabilitation and preservation of housing units.
 
Monetary contributions in lieu of development of workforce housing, where applicable, and all other income generated by Miami-Dade County's workforce housing development program, shall be deposited into the workforce housing trust fund in an interest-bearing account. All interest earnings from the account shall be reinvested and dedicated to the trust fund. All appropriated funds in the workforce housing trust fund account shall be available for program expenditures as provided in an appropriate administrative order.

The objective of creating the workforce housing trust fund is to foster a housing supply accessible to a range of family incomes in developments assisted by the trust fund and to disperse workforce housing units throughout the County, in accordance with objectives, goals, and policies of the housing element of the CDMP. 

E. Joint effort of private development community, public sector, and not-for-profit sector.

It is the further intent of the Board of County Commissioners that the workforce housing development program established herein will foster and encourage the private, for-profit, development community to join with the public sector and the nonprofit sector to further the goal of meeting the housing needs of the workforce target income group.

F. Adoption of legislative intent, findings and purpose.

The foregoing statements are declared to be the legislative intent, findings and purpose of the Board of County Commissioners and are hereby adopted and made a part hereof.

Sec. 33-193.5. Adoption of land use regulations and procedures for operation of Miami-Dade County's Workforce Housing Development Program.

The Board of County Commissioners hereby adopts land use regulations and procedures for the operation of the Miami-Dade County workforce housing development program. The workforce housing development program, including all land use regulations and operating procedures, is deemed to be essential to assure the protection of the public health, safety, welfare, comfort, and convenience of the present and future residents of Miami-Dade County.  All land use regulations adopted in connection with the workforce housing development program shall be supplemental to existing zoning on affected properties and shall be construed to be consistent therewith.

The Board of County Commissioners shall adopt by resolution such administrative procedures as may be necessary or proper to further the purposes of this article and thereby protect the public health, safety, welfare, comfort, and convenience of the present and future residents of Miami-Dade County.


Sec. 33-193.6. Definitions.
The following words and phrases, as used in this article, have the following meanings:

(1) Application means any request for zoning action, building permit, administrative site plan review, or administrative modification under Chapter 33, or any request for approval or extension of approval of any type of application for subdivision of land pursuant to Chapter 28, where such request seeks approval to develop residential or mixed uses subject to the requirements of this article.
(2) At one location means all land owned by the applicant, including:
(a) all adjacent parcels, the property lines of which are contiguous at any point; or
(b) all adjacent parcels, the property lines of which are separated only by a public or private street, road, highway or utility right-of-way, or other public or private right-of-way at any point; or
(c) all adjacent parcels, under common ownership or control of the applicant, including land owned or controlled by any business entities in which the applicant or immediate family members of the applicant possesses any form of management control.
(3) Transit corridor area is the area which lies within a one-half mile radius of the Metrorail stations.
(4) Urban Infill Area (UIA) is the area as defined in the Comprehensive Development Master Plan (CDMP).
(5) Work-force housing unit or WHU shall mean a dwelling unit, the sale, rental or pricing of which in accordance with this article is restricted to households whose income is within the workforce housing target income range.
(6) Workforce housing target income range means households whose income range is established at 65% up to 140% of the most recent median family income for the County reported by the U.S. HUD as maintained by the Department of Planning and Zoning.
(7) Workforce housing trust fund means a fund established by Miami-Dade County pursuant to Chapter 17, Article VIII of the Code of Miami-Dade County, Florida.

Sec. 33-193.7. Applicability.

(A)(1) Applications seeking approval of 20 or more dwelling units shall provide workforce housing units or a monetary contribution as provided in Section 33-193.9.

(2) Applications seeking approval of fewer than 20 dwelling units shall be subject to the monetary contribution provided in Section 33-193.9.1.

(B) An application seeking to develop property improved with one or more existing dwelling units priced to sell or rent to persons in the workforce housing target income range (Existing WHUs) shall provide for a total number of WHUs equal to the greater of the (1) Existing WHUs or (2) the number of WHUs that would have been required had there been no Existing WHUs on the property.

(C) Each application to develop improved property shall provide evidence satisfactory to the Director as to whether Existing WHUs are on the property.

(D) In determining whether an application or a series of applications at one location filed within a three-year period meets the minimum unit thresholds, all land within the County owned or controlled by an applicant at one location (as defined in section 33-193.6) shall be included in said computation. An applicant shall not avoid compliance with this article by submitting piecemeal applications for subdivision plat, administrative site plan review, zoning hearing or building permit. Any applicant may submit an application for a subdivision plat of any type, administrative site plan review, zoning hearing or building permit for less than the minimum unit thresholds at any time but the applicant must proffer a declaration of restrictive covenants, in a form acceptable to the Director at the time of the initial application, provided that upon submission of the final application or request, the applicant will be in compliance with this article. The declaration of restrictions shall bind all parcels of the property at one location as defined in this article.

(E) The provisions of this article shall not apply to property located outside the Urban Development Boundary as designated in the Land Use Plan (LUP) map of the CDMP, as amended from time to time.

Sec. 33-193.8. Alternatives to on-site construction of WHUs; variances.

(A) Alternatives.

An applicant may satisfy the requirement of on-site construction of all of the required WHUs or of a portion of required WHUs by one of the means described below upon demonstrating, after public hearing, that where, owing to special conditions, allowing the alternative will observe the spirit of this article, and that approving the alternative requested will further the development of housing for the workforce target income group in the unincorporated area of Miami-Dade County to an equal or greater extent than construction of the required WHUs on-site.

(1) Off-site construction of WHUs. If approved after public hearing in accordance with the standards in this section, an applicant may comply with the requirements of this article by construction of 110% of the number of WHUs required by this article at one or more alternative sites within a 2 mile radius of the proposed location of the market rate units being proposed (the “Off-site WHUs”). The alternative site must contain both its market rate and workforce housing units and the Off-site WHUs. The alternative site shall be within the same Community Zoning Appeals Board jurisdiction as the market rate units being proposed and the construction of the Off-site WHUs on the alternative site shall occur concurrently with the market rate units on the primary site.

(2) Monetary contribution in lieu of construction of WHUs. If approved after public hearing in accordance with the standards in this section, or if permitted as of right pursuant to section 33-193.9, an applicant may satisfy the requirements of this article by providing a monetary contribution to the workforce housing trust fund established in section 17-132 of this code, in lieu of construction of the required on-site workforce housing units. The amount of such required monetary contribution shall be as established in section 33193.9.1. All monetary contributions shall be made prior to the issuance of the first building permit on the market rate units.

(3) Combination of off-site construction of WHUs and monetary contributions. If approved after public hearing, an applicant may comply with the requirements of this article employing a combination of the alternatives (1) and (2) above in accordance with the standards of this section.

(B) Variances.

The following provisions of this article may be varied after public hearing, only upon demonstration that a literal enforcement of the provision of this article will result in an unnecessary hardship, that allowing the variance will observe the spirit of this article, that the degree to which the variance is granted is the minimum needed to avoid the hardship, and that the objectives of this article to increase the supply of housing for the workforce housing target group within the Community Zoning Appeals Board area will continue to be met if the requested variance is granted:

(1) the applicable density bonus provisions or intensity standards;

(2) the number of WHUs required for an application.

(3) the amount of the monetary contribution in lieu pursuant to section 33-193.9.1.

(C) If zoning approval is required to allow off site WHUs the application for such approval shall be filed together with the application for approval of the off site WHUs and shall be considered and approved or denied at the same public hearing.

(D) Applicants shall not be required to seek an approval at public hearing for a monetary contribution in lieu of on-site WHUs where a zoning hearing application for development of the subject property, including on site or off-site WHUs, with a recommendation by the Department of approval, has been finally denied, provided the contribution in lieu is made within three years after the denial becomes final.

Sec. 33-193.9. Required Workforce Housing Units.

(A) All applications for developments shall include a minimum percentage of workforce housing units based on the following:

CDMP Land Use Category
Proposed Gross Density of Development
Percentage of All Residential Units Required To Be Work-Force Units
Estate
Up to and Including 2.5 Units Per Gross Acre.
5 Percent1

From 2.5 up to and Including 3.125 Units Per Gross Acre
12.5 Percent2
Low-Density Residential
From 3 up to and Including 6 Units Per Gross Acre.
5 Percent1

From 6 to 7.5 Units Per Gross Acre.
12.5 Percent2
Low-Medium Density Residential
From 6 up to and Including 13 Units Per Gross Acre.
5 Percent1

From 13 up to and Including 16.25 Units Per Gross Acre.
12.5 Percent2
Medium Density Residential
From 13 up to and Including 20 Units Per Gross Acre.
5 Percent1

From 20 up to and Including 31.25 Units Per Gross Acre.
No Required Work-Force Units. Contribution in lieu of workforce housing units required pursuant to Section 33-193.9.1 equal to 5% of the market rate units.
Medium-High Density Residential
From 25 up to and including 75 Units Per Gross Acre
No Required Work-Force Units. Contribution in lieu of workforce housing units required pursuant to Section 33-193.9.1 equal to 5% of the market rate units.
High Density Residential
From 50 up to and including 156 Units Per Gross Acre
No Required Work-Force Units. Contribution in lieu of workforce housing units required pursuant to Section 33-193.9.1 equal to 5% of the market rate units.

Office/
Residential
In accordance with applicable CDMP provisions3
Refer to applicable residential category above
Business and Office
In accordance with applicable CDMP provisions4
Refer to applicable residential category above
Industrial
In accordance with applicable CDMP provisions
20 Percent1
Urban Center
Those urban centers not rezoned as of ________, 2006 (the effective date of this ordinance)
12.5 Percent2


(B) All applications for residential developments within Urban Centers depicted on the Land Use Plan (LUP) map of the CDMP that are zoned as an urban center as of the effective date of this article shall not be required to provide workforce housing units.

(C) Existing zoning that permits development at a density greater than would be permitted by the underlying CDMP Land Use Plan map density shall provide 5 % workforce housing units when no density bonus or the benefit of an intensity standard is utilized. Where either a density bonus or the benefit of an intensity standard is utilized, 12.5 % of the total number of residential dwelling units must be workforce housing units. In no event, however, shall the CDMP density, including applicable bonuses, be exceeded.

(D) Applicants seeking to utilize the 12.5% density bonus shall not seek approval of any application or proffer any declaration of restrictive covenants providing for a density below 95% of the total maximum density permitted by the underlying zoning district regulations, all zoning actions approved on the property and the maximum allowable density bonuses.


Sec. 33-193.9.1. Monetary contribution in lieu of construction of WHUs.

(A) Developments of fewer than 20 residential units shall pay an amount as follows:

Number of market rate units to be developed

x

$110,000

÷

20

=

Total Contribution.

(B) Developments for which a monetary contribution has been approved in accordance with section 33-193.8(A) or 33-193.8(D) and developments required to contribute pursuant to section 33-193.9(A) shall pay an amount as follows:

Number of WHUs required to be developed (fractions rounded down)

X

$110,000

=

Total contribution.

Sec. 33-193.10. Exceptions.

The following applications shall not be required to provide workforce housing units.

(A) Housing for elderly persons or persons with disabilities that is developed and financially assisted under the United States Housing Act of 1937, and low and moderate income housing for older persons as defined by the Fair Housing Act, 42 U.S.C. § 3607, as amended, and housing for homeless/formerly homeless developed and financially assisted under the Stewart B. McKinney Act, as amended.
(B) Applications filed after the effective date of this article that involve lawfully permitted development that does not result in a change in use and is for the exclusive purpose of dealing with issues that do not increase the number of dwelling units on the property, such as building relocation, ingress/egress, storm water drainage, or other engineering or public facilities issues, the preservation of historic structures, child care facilities, or changes in the size of units.
(C) Conversion to condominium of residential developments, provided no increase in the number of units is proposed.
(D) Affordable housing developments meeting the criteria of those programs administered pursuant to Chapter 17, Article VI of this code (local housing assistance program).
(E) Group homes as defined in section 33-1(53.1) of this code.
(F) Community residential homes as defined in section 419.001, Florida Statutes, as amended, and section 33-1(30.1) of this code.
(G) Housing for the elderly, if provided in an age-restricted facility subsidized through the National Housing Act, as amended, and Chapter 420, Florida Statutes, as amended.
(H) Housing developed or owned by the state or any county, municipality, or governmental entity.
(I) Adult retirement communities containing age-restricted dwelling units that include special safety and convenience features designed for the needs of older people.
(J) Hotel and motel use.

Sec. 33-193.11. Density bonuses.

(A) Any application providing a minimum of 12.5 percent WHUs on-site, or otherwise complying with Section 33-193.8 of this article, shall be entitled to a residential density bonus of 25 percent above the applicable CDMP Land Use map maximum density, provided the application satisfies all of the requirements of this article as well as the benefit of the intensity standards provided in section 33-193.12.

The density bonus for the primary site shall not be transferable to the off-site property, where an alternative site is approved after public hearing for the development of off-site WHUs.

(B) Applicants providing 5% workforce housing units or an approved contribution in lieu thereof shall be entitled to a density bonus above the CDMP maximum density to such increased density as is required to provide the 5% WHUs.

(C) The total number of dwelling units permitted, including bonus units, market rate units, and WHUs may exceed the permitted maximum density allowed in the zoning district in accordance with the foregoing provisions, provided that in no event shall the density exceed the maximum densities, including applicable bonuses, set forth in the CDMP, as amended.

(D) Severable use rights, as provided in Chapter 33B of this code, shall not be utilized in conjunction with the density bonuses contained in this article.

Sec. 33-193.12. Intensity standards.

(A) Notwithstanding zoning district regulations to the contrary, the following maximum intensity standards shall apply to applications seeking approval of a development providing either the WHUs required or a monetary contribution in lieu thereof, under the provision of this Article:

(1) In the EU-2 District:

(a) Minimum lot size--Four (4) acres;
(b) Minimum lot frontage--One hundred sixty-five (165) feet;
(c) Maximum lot coverage--Twenty (20) percent.

(2) In the EU-1C District:

(a) Minimum lot size--Two (2) acres;
(b) Minimum lot frontage--One hundred twenty-five (125) feet.

(3) In the EU-1 District:

(a) Minimum lot size--Thirty-two thousand five hundred (32,500) square feet;
(b) Minimum lot frontage--One hundred ten (110) feet.

(4) In the EU-S District:

(a) Minimum lot size--Twenty thousand (20,000) square feet;
(b) Minimum lot frontage--One hundred ten (110) feet.

(5) In the EU-M District:

(a) Minimum lot size--Twelve thousand five hundred (12,500) square feet;
(b) Minimum lot frontage--One hundred (100) feet.

(6) In the RU-1 and RU-2 Districts:
(a) Minimum net lot area of residential lots shall be 5,000 square feet and the minimum lot frontage shall be 50 feet, except that a maximum of 10 percent of the residential lots may be reduced to a minimum of 4,000 square feet and a minimum lot frontage of 40 feet; and
(b) Maximum lot coverage shall not exceed the lot coverage permitted by the underlying district regulations by more than 20%.
(7) In the RU-1M(a), and RU-1M(b)Districts:
(a) The minimum net lot area of residential lots shall be 4,000 square feet; and the minimum lot frontage shall be 40 feet; and
(b) Maximum lot coverage shall not exceed the lot coverage permitted by the underlying district regulations by more than 20%.

(8) In the RU-TH district:

(a) Minimum lot size shall be 1,250 square feet of net lot area; and
(b) Minimum open space shall be 20 percent of the net lot area.

(9) In the RU-RH district:

(a) Minimum lot size shall be1,000 square feet of net lot area; and
(b) Density shall not exceed 15 dwelling units per net acre; and
(c) No private open space shall be required; and
(d) A minimum of 10 percent common open space shall be provided in the way of greens.

(10) In the RU-3M district:

(a) Maximum floor area ratio shall be 0.60; and
(b) Maximum height shall be 3 stories not to exceed 40 feet in overall height; and
(c) Maximum lot coverage shall be 35% of net lot area; and
(d) Minimum open space shall be 20 percent of the net land area.

(11) In the RU-4L district:
(a) Maximum floor area ratio shall be 0.9;
(b) Maximum height shall be 6 stories;
(c) Maximum lot coverage shall be 35% of net lot area.


(12) In the RU-4M district:

(a) Maximum floor area ratio shall be 1.0;
(b) Maximum height shall be 9 stories;
(c) Maximum lot coverage shall be 35% of net lot area.

(13) In the RU-4 and RU-4A districts:

(a) Maximum height shall be one additional story;
(b) Maximum floor area ratio shall be 2.2 for a development over 9 stories.

(14) In the BU-1 and BU-1A districts if approved after public hearing:

(a) Maximum floor area ratio – Add .015 per acre above that permitted by the district regulations;
(b) Maximum lot coverage shall be 45% of net lot area;
(c) Landscaped open space shall be the open space percentage required by the underlying district regulations for a one story building.

(15) In the BU-2 district if approved after public hearing:

(a) Maximum floor area ratio – Add .015 per acre above that permitted by the district regulations
(b) Maximum lot coverage shall be 50% of net lot area;
(c) Landscaped open space shall be the open space percentage required by the underlying district regulations for a one story building.

(16) In all transit corridor areas, parking shall be provided as required by section 33-124 of this code, except as follows:

(a) the minimum parking required shall be:

i. Residential--One (1) parking space per dwelling unit.
ii. Office--One (1) parking space per four-hundred (400) square feet of gross floor area.
iii. Hotel--One (1) parking space for every two (2) guest rooms.

B. Severable use rights, as provided in Chapter 33B of this code, shall not be utilized in conjunction with the intensity standards contained in this article.


Sec. 33-193.13. Design and unit placement.

(A) Workforce housing units shall be comparable in design and materials to market-rate units within the development in terms of exterior appearance. Workforce housing units may be grouped or dispersed throughout the development.

(B) Notwithstanding underlying zoning regulations that limit the number of residential units that may be constructed on a single platted lot, residential developments incorporating workforce housing units may utilize the following flexible design provisions, provided that the total development density shall not exceed that allowed by this article. Units to be developed in accordance with this section shall be approved only upon demonstration that a declaration of condominium has been filed in accordance with state law (if any unit is to be sold), unless and until a declaration of condominium is filed in accordance with state law.

(1) No more than 3 total residential units may be placed on a single platted lot, of which no more than one unit may be, but shall not be required to be, a market rate unit, and

(2) The entrance to each of the units on a single platted lot shall be

(a) through a common hall/foyer area in the front of the building, which shall be concealed by a building wall with 1 entrance door, giving the appearance of a single family residential unit, or
(b) the entrance to the workforce housing unit(s) shall be clearly designed to be subordinate to the principal entrance of the building for the market rate unit. When the entrance is configured in this manner, the design shall incorporate architectural features and elements that clearly distinguish and develop the market rate unit entrance as the predominant entrance from the other entrances.

(3) Buildings designed under these parameters shall not be located on the periphery of a development, adjacent to or across the street from previously established single family residential neighborhoods.

(4) The locations of the parking spaces for the units within the building shall be dispersed around the building so as not to create a parking field for all of the spaces in the front of the building.

Sect. 33-193.14. Required declaration of restrictive covenants

Prior to final approval of any application, the applicant shall submit a separate declaration of restrictive covenants, encumbering the entire project, approved in form by the Director and sufficient for recording in the public records of Miami-Dade County, Florida, including provisions requiring development of a specified number, type, and location of all dwelling units, a general plan for staging construction of all units, and such other provisions as the Department may require to demonstrate the applicant’s compliance with this article. The development and the WHU staging plan must be consistent with the CDMP and any applicable land use, subdivision regulations, zoning and site plan approval for the property. The declaration of restrictive covenants shall require the property to be developed in accordance with the following specifications:

(A) a general description of the covered development, including whether the covered development will contain rental dwelling units or owner-occupied dwelling units, or both.

(B) the total number of market rate dwelling units and WHUs in the development and the timetable for construction; and

(C) the location of the WHUs in the development and phasing, if any, and construction schedule for the development sequence demonstrating that:

(1) WHUs will be built and made available for occupancy simultaneously with or before market-rate dwelling units, except that building permits for the last 10% of the market-rate units shall be withheld until building permits have been issued for all of the WHUs; and

(2) the last building shall not contain only WHUs.

(D) If the requirements of this article are to be satisfied through the use of an alternative to on-site construction as provided in section 33-193.8, of this code, the declaration of restrictive covenants shall identify and commit to the development of WHUs on an approved alternative site. A separate declaration of restrictive covenants encumbering the alternative site shall identify and commit to the development of the approved off-site WHUs, and shall further provide appropriate assurances that the WHUs that will be required for the alternative site itself will be provided.

(E) The declaration of restrictive covenants may be modified by mutual consent of the applicant and the Department of Planning and Zoning and the Miami-Dade Housing Agency, as long as the modified agreement remains in conformity with this article and substantially conforms to the recorded declaration’s provisions relating to number, location, distribution and timing or construction of WHUs

Sec. 33-193.15. Workforce housing agreement.

Prior to the earlier of final plat approval or application for building permit for the first residential unit on the property subject to the requirements of this article applicant shall submit a declaration of restrictive covenants, approved in form by the Director and sufficient for recording in the public records of Miami-Dade County, Florida, encumbering the individual WHUs in the entire development, specifying the restrictions of the WHU and such further arrangements, restrictive covenants, and resale restrictions as are necessary to carry out the purposes of Chapter 17, Article VIII of the code, sections 17-133 through 17-135 inclusive, and shall include the following:

(a) a binding commitment that the restrictions of this article shall run with the land for the entire control period, and
(b) a binding commitment that the covenants will bind the applicant, any assignee, mortgagee, or buyer, and all other parties that receive title to or an interest in the property, and
(c) these covenants shall be senior to all other liens or encumbrances on the property including all instruments securing permanent financing, except that tax and assessment liens shall be superior to these covenants, and
(d) a binding commitment that incorporates all terms and conditions regarding WHUs, including without limitation, the required shared equity agreement, eligibility standards, appropriate sale and rental price standards and affordability controls required of purchasers of WHUs pursuant to Chapter 17, Article VIII of this code.

Sec. 33-193.16. Penalties and enforcement.
This article shall be enforceable in accordance with the provisions of Chapter 8CC of this code. Violations of this article shall also be punishable by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period not to exceed sixty (60) days, or by both such fine and imprisonment, in the discretion of the county court. Any continuing violations of the provisions of this article may be enjoined and restrained by injunctive order of the circuit court in appropriate proceedings instituted for such purpose.
Sec. 33-193.17. Implementation.

(A) The provisions of this article shall not apply to applications for building permit, zoning action, site plan review, plats or waivers of plat having a valid zoning application number (including administrative site plan review application numbers, building permit process number or plat application number prior to the effective date of this ordinance (___________, 2006). It is provided, however, that within 1 year after the effective date, an applicant shall have obtained final approval of applications for building permit, zoning action or site plan review. Within 2 years after the effective date of this ordinance (_________, 2006), an applicant shall have obtained final approval of plat or waiver of plat.

If final approval has not been obtained by the prescribed period for any such application for building permit, zoning action, site plan review, plats or waivers of plat the applicant shall be required to comply with the requirements this article.

(B) If filed within five (5) years after the effective date of this ordinance, an application for a building permit for any part of (a) a site plan or (b) a development subject to a declaration of restrictive covenants restricting density shall not be subject to the provisions of this article, where the site plan or declaration was approved at public hearing or through administrative site plan approval prior to the effective date of this ordinance (________________, 2006). Any project, structure, or portion thereof for which a valid building permit (1) has been issued pursuant to such site plan or declaration or (2) was issued prior to the effective date of this ordinance may proceed to completion of construction under the terms of the approval, for so long as development continues in good faith. For the purpose of calculating the five-year period under this section, the time shall be tolled during the pendency of administrative appeals or judicial proceedings relating to approval of the site plan, declaration of restrictive covenants, or building permit.

After the effective date of this ordinance, any application for a building permit other than as expressly described above shall be subject to the provisions of this article.

Section 2. Section 33-199 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows: 5
Sec. 33-199. Uses Permitted.
No land, body of water and/or structure shall be used or permitted to be used and no structure shall be hereafter erected, constructed, moved, reconstructed, structurally altered or maintained for any purpose in a RU-1 District which is designed, arranged or intended to be used or occupied for any purpose other than the following, unless otherwise specifically provided herein:
(1) Every use as a one-family residence, including every customary use not inconsistent therewith, including a private garage.

>>(1.1) Workforce housing units in compliance with the provisions of Article XIIA of this code.<<

* * *

Section 3. Section 33-201 of the Code of Miami-Dade County, Florida is hereby amended as follows:
Sec. 33-201. Uses permitted.
No land, body of water and/or structure shall be used or permitted to be used and no structure shall be hereafter erected, constructed, moved, reconstructed or structurally altered for any purpose in an RU-2 District which is designed, arranged, or intended to be used or occupied for any purpose, unless otherwise provided for, excepting for one (1) or more of the following uses:
(1) Every use permitted in RU-1, RU-1M(a) and RU-1M(b) Districts.

>>(1.1) Workforce housing units in compliance with the provisions of Article XIIA of this code.<<

* * *

Section 4. Section 33-202.3 of the Code of Miami-Dade County, Florida is hereby amended as follows:
Sec. 33-202.3. Uses permitted.
No land, body of water or structure shall be used or permitted to be used, and no structure shall be hereafter erected, constructed, moved, or reconstructed, structurally altered or maintained for any purpose in a townhouse district (RU-TH) which is designed, arranged or intended to be used or occupied for any reason or purpose, except for one (1) of the following uses:
(1) Those uses permitted in the RU-1, RU-1M(a), RU-1M(b) and RU-2 Districts, subject only to the requirements, limitations and restrictions applicable therefore in said districts, including, but not limited to, lot width, areas, yard areas, heights and coverage.

>>(1.1) Workforce housing units in compliance with the provisions of Article XIIA of this code.<<
* * *

Section 5. Section 33-203 of the Code of Miami-Dade County, Florida is hereby amended as follows:
Sec. 33-203. Uses permitted.

No land, body of water and/or structure shall be used or permitted to be used and no structure shall be hereafter erected, constructed, reconstructed, or moved or structurally altered or maintained for any purpose in an RU-3 District, unless otherwise provided herein, excepting for one (1) or more of the following uses:

(1) Every use permitted in RU-1, RU-1M(a), RU-1M(b) and RU-2 District.

>>(1.1) Workforce housing units in compliance with the provisions of Article XIIA of this code.<<

* * *

Section 6. Section 33-203.6 of the Code of Miami-Dade County, Florida is hereby amended as follows:
Sec. 33-203.6. Uses permitted; requirements generally.
No land, body of water or structure shall be used or permitted to be used, and no structure shall be hereafter erected, constructed, moved or reconstructed, structurally altered or maintained for any purpose in an RU-3M District which is designed, arranged or intended to be used or occupied for any purpose, except for one (1) of the following uses:
(A) Those uses permitted in the RU-1, RU-1M(a), RU-1M(b), RU-2, RU-3 and RU-TH Districts subject only to the requirements, limitations and restrictions applicable therefore in said districts, including but not limited to, lot width, area, yard areas, height and coverage.


>>(A.1) Workforce housing units in compliance with the provisions of Article XIIA of this code.<<

* * *

Section 7. Section 33-207.2 of the Code of Miami-Dade County, Florida is hereby amended as follows:
Sec. 33-207.2. Uses permitted.
No land, body of water or structure shall be used, or permitted to be used and no structure shall be hereafter erected, constructed, moved or reconstructed, structurally altered or maintained for any purpose in a RU-4L District which is designed, arranged or intended to be used or occupied for any purpose, except for one (1) of the following uses:
(A) Those uses permitted in the RU-1, RU-1M(a), RU-1M(b), RU-2, RU-3 and RU-TH Districts subject only to the requirements, limitations, and restrictions applicable therefore in said districts; including but not limited to lot width, area, yard areas, height, and coverage.

>>(A.1) Workforce housing units in compliance with the provisions of Article XIIA of this code.<<

* * *

Section 8. Section 33-207.3 of the Code of Miami-Dade County, Florida is hereby amended as follows:
Sec. 33-207.3. Uses permitted.
No land, body of water or structure shall be used, or permitted to be used and no structures shall be hereafter erected, constructed, moved or reconstructed, structurally altered or maintained for any purpose in a RU-4M District which is designed, arranged or intended to be used or occupied for any purpose, except for one (1) of the following uses:
(A) Those uses permitted in the RU-1, RU-1M(a), RU-1M(b), RU-2, RU-3 and RU-TH Districts subject only to the requirements, limitations, and restrictions applicable therefore in said districts including but not limited to lot width, area, yard areas, height and coverage.

>>(A.1) Workforce housing units in compliance with the provisions of Article XIIA of this code.<<

* * *

Section 9. Section 33-208 of the Code of Miami-Dade County, Florida, is hereby amended as follows:
Sec. 33-208. Uses permitted.
No land, body of water or structure shall be used, or permitted to be used and no structure shall be hereafter erected, constructed, moved or reconstructed, structurally altered or maintained for any purpose in an RU-4, High Density Residential District, which is designed, arranged or intended to be used or occupied for any purpose, except for one (1) of the following uses:
(1) Those uses permitted in the RU-1, RU-1M(a), RU-1M(b), RU-2, RU-3 and RU-TH Districts subject only to the requirements, limitations, and restrictions applicable thereto in said districts, including but not limited to lot width, area, setbacks, yard areas, height and coverage.

>>(1.1) Workforce housing units in compliance with the provisions of Article XIIA of this code.<<

* * *

Section 10. Section 33-217 of the Code of Miami-Dade County, Florida, is hereby amended as follows:
Sec. 33-217. Uses permitted.

No land, body of water or structure shall be used, or permitted to be used and no structure shall be hereafter erected, constructed, moved or reconstructed, structurally altered or maintained for any purpose in an RU-4A District which is designed, arranged, or intended to be used or occupied for any purpose, except for one (1) of the following uses:

(1) Those uses permitted in the RU-1, RU-2, RU-1M(a), RU-1M(b), RU-3 and RU-TH Districts subject only to the requirements, limitations and restrictions applicable thereto in said districts, including but not limited to, lot width, area, setbacks, yard areas, height and coverage.

>>(1.1) Workforce housing units in compliance with the provisions of Article XIIA of this code.<<

* * *

Section 11. Section 33-223.1 of the Code of Miami-Dade County, Florida, is hereby amended as follows:
Sec. 33-223.1. Uses permitted.
No land, body of water or structure shall be used, or permitted to be used, and no structure shall be hereafter erected, constructed, reconstructed, moved or structurally altered or maintained for any purpose in an RU-5 District which is designed, arranged, or intended to be used or occupied for any purpose, except for one (1) or more of the following uses, and all other uses are hereby prohibited:
(1) Duplex use--those uses permitted in the RU-2 District subject only to the requirements, limitations and restrictions specified in said district, and except that it shall be permissible to use a fifty- by one hundred-foot lot for two-family use in an old subdivision
(2) Apartment house as permitted in the RU-3 District subject only to the requirements, limitations and restrictions applicable in the RU-3 District for such use
(3) Multiple-family housing projects

>>(3.1) Workforce housing units in compliance with the provisions of Article XIIA of this code.<<

* * *

Section 12. Section 33-224 of the Code of Miami-Dade County, Florida, is hereby amended as follows:
Sec. 33-224. Uses permitted.

No land, body of water and/or structure shall be used or permitted to be used and no structure shall be hereafter erected, constructed, reconstructed, moved or structurally altered or maintained for any purpose in an EU-M District, unless otherwise provided for, except for one (1) or more of the following uses:

(1) Every use as a one (1) family residence, including every customary use not inconsistent therewith, and including guest house, private garage or garages and apartment designed for servants' quarters only, not over one (1) story in height.

>>(1.1) Workforce housing units in compliance with the provisions of Article XIIA of this code.<<

* * *

Section 13. Section 33-225.1 of the Code of Miami-Dade County, Florida, is hereby amended as follows:
Sec. 33-225.1. Uses; lot area, frontage and depth.

(a) Use permitted. No land, no body of water and no structure shall be used or permitted to be used and no structure shall be hereafter erected, constructed, reconstructed, moved or structurally altered or maintained for any purpose in an EU-S Zone, unless otherwise provided for, except for one (1) or more of the following uses:

(1) Every use as a one (1) family residence, including every customary use not inconsistent therewith, and including guest house, private garage or garages and apartment designed for servant's quarters only, not over one (1) story in height.

>>(1.1) Workforce housing units in compliance with the provisions of Article XIIA of this code.<<

* * *

Section 14. Section 33-226 of the Code of Miami-Dade County, Florida, is hereby amended as follows:
Sec. 33-226. Uses permitted.

No land, body of water and/or structure shall be used or permitted to be used and no structure shall be hereafter erected, constructed, moved, reconstructed or structurally altered or maintained in any district of EU-1 classification, which is designed, arranged or intended to be used or occupied for any purpose, unless otherwise provided herein, excepting for one (1) or more of the following uses:

(1) Every use as one (1) family residence, including every customary use not conflicting therewith.

>>(1.1) Workforce housing units in compliance with the provisions of Article XIIA of this code.<<

* * *

Section 15. Section 33-230 of the Code of Miami-Dade County, Florida, is hereby amended as follows:
Sec. 33-230. Uses permitted.

No land, body of water and/or structures shall be used or permitted to be used and no structure shall be hereafter erected, constructed, moved, reconstructed, or structurally altered or maintained in any EU-1C District, which is designed, arranged or intended to be used or occupied for any purpose, unless otherwise herein provided, excepting for one (1) or more of the following uses:

(1) Every use as a one (1) family residence, including every customary use not conflicting therewith.

>>(1.1) Workforce housing units in compliance with the provisions of Article XIIA of this code.<<

* * *

Section 16. Section 33-238 of the Code of Miami-Dade County, Florida, is hereby amended as follows:
Sec. 33-238. Uses permitted.
No land, body of water or structure shall be used or permitted to be used and no structure shall be hereafter erected, constructed, moved, reconstructed or structurally altered or maintained in any BU-1 District, which is designed, arranged or intended to be used or occupied for any purpose, except for one (1) or more of the following uses:
(1) Residential uses may be permitted as a combination of permitted business uses and residential uses housed in the same building; the floor area of the residential use shall not exceed fifty (50) percent of the floor area of the building.

>>(1.1) Workforce housing units in compliance with the provisions of this section and Article XIIA of this code.<<

* * *

Section 17. Section 33-284.27 of the Code of Miami-Dade County, Florida, is hereby amended as follows:
Sec. 33-284.27. Development parameters.
All applications for the Planned Area District shall comply with the following applicable development parameters:

* * *
(C) Permitted residential uses.
All residential types, including single family, and multi-family >>, and workforce housing units in compliance with the provisions of this section and Article XIIA of this code,<< whether detached, attached or any combination thereof, shall be permissible in the Planned Area Development zoning classification upon approval by the Community Zoning Appeals Board.
Section 18. Section 33-284.48 of the Code of Miami-Dade County, Florida, is hereby amended as follows:
Sec. 33-284.48. Development parameters.

All applications for a TND shall comply with the following development parameters >>and with article XIIA of this code:

* * *


Section 19. Section 33-314 of the Code of Miami-Dade County, Florida is hereby amended as follows:
* * *

Sec. 33-314 (B). Direct applications and appeals to the County Commission.

(B) The County Commission shall have jurisdiction to hear appeals from decisions of the Community Zoning Appeals Boards as follows:

* * *

>>13. Applications or modifications thereof for projects subject to Article XIIA of this code.<<

Section 20. Chapter 17, Article VIII of the Code of Miami-Dade County, Florida is hereby created to read, as follows:
ARTICLE VIII. WORKFORCE HOUSING DEVELOPMENT PROGRAM ADMINISTRATION

Sec. 17-128. Short title.

This article shall be referred to as “Workforce Housing Development Program Administration.”

Sec. 17-129. Purpose.

The purpose of this article is to create administrative procedures for the implementation of the Workforce Housing Development Program established pursuant to Chapter 33, Article XIIA of the Code of Miami-Dade County, and for the establishment and administration of a workforce housing trust fund.

Sec. 17-130. Definitions.

The definitions contained in Chapter 33, Article XIIA of the Code of Miami-Dade County, shall apply to this chapter in addition to the following:

(1) “Area median income” means the median income level for the MiamiDade County Metropolitan Statistical Area, as established and defined in the annual schedule published by the Secretary of the U.S. Department of Housing and Urban Development, and adjusted for household size.

(2) “Certificate of qualification” means a certificate issued by the Department establishing a qualified household’s eligibility to purchase or rent a workforce housing unit (“WHU”). Certificates of qualification shall be valid for 12 months. The certification criteria are set by administrative order.

(3) “Condominium” means that form of ownership of real property created pursuant to Chapter 718 of the Florida Statutes, which is comprised entirely of units that are owned by one or more persons, and which there is, appurtenant to each unit, an undivided share in common elements.

(4) “Condominium conversion” has the meaning established by sections 718.604 – 718.622 of the Florida Statutes.

(5) “Control period” means each 30-year period during which the affordability restrictions imposed by this article shall apply. The control period begins at the time of any sale or resale of the affected unit by every new WHU owner.

(6) “Covered development” means all developments required to provide WHUs or monetary contributions in lieu thereof pursuant to Chapter 33, Article XIIA of the Code of Miami-Dade County.

(7) “Department” means, unless otherwise indicated, the Miami-Dade Housing Agency or any successor agency.

(8) “Developer” means any person, firm, corporation, partnership, limited liability company, association, joint venture, or any entity or combination of entities that apply for development orders or permits for residential dwelling units, but does not include the state or any county, municipality, or any governmental entity.

(9) “Director” means, unless otherwise indicated, the Director of the MiamiDade Housing Agency, or designee.

(10) “Eligible household” means, subject to the provisions of section 17-134 hereof, a household whose total income is between 65% and 140% of Area Median Income.

(11) “Eligible household income” means any income derived from any proposed occupants of a WHU who are 18 years of age or older and who will use the WHU as their primary residence.

(12) “Household” means any natural person who occupies a WHU as his or her primary residence.

(13) “Market rate dwelling units” means all dwelling units in a covered development that are not WHUs as defined herein.

(14) “Qualified household” means an eligible household that has received a certificate of qualification from the Department.

(15) “Workforce housing unit rent” or “ WHU rent” means rents that do not exceed the monthly Fair Market Rent as determined for Miami-Dade County by the U.S. Department of Housing and Urban Development (published annually at http://www.huduser.org/datasets/fmr/fmrs/index.asp?data=fmr06).

(16) “Workforce housing unit sales price” or “WHU sales price” shall mean the sales price set by the Director pursuant to an administrative order, not to exceed an amount affordable at the maximum workforce housing target income range, as defined in Chapter 33, Article XIIA of the Code of Miami-Dade County, taking into account (a) family size: (b) an annual fixed interest rate based on a thirty (30) year mortgage term; (c) payment of up to five percent (5%) down payment by a qualified household; and (d) an estimation of annual property taxes, assessments, loan insurance and financing fees, allowances for property maintenance and repairs, homeowners insurances, homeowner association fees, if any, and allowances for utilities.

Sec. 17-131. Applicability.

The provisions of this article shall apply to all development subject to the provisions of Chapter 33, Article XIIA of the Code of Miami-Dade County

Sec. 17-132. Workforce Housing Trust Fund

(1) There is hereby established the Workforce Housing Trust Fund (the “Trust Fund”). Separate accounts within such Trust Fund may be created from time to time to avoid commingling as required by law or as deemed appropriate to further the purposes of the Trust Fund.

(2) The Trust Fund shall be administered by the Director of the Miami-Dade Housing Agency or any successor agency, who shall have the authority to govern the Trust Fund consistent with this article and with Chapter 33, Article XIIA, and to prescribe procedures for said purpose, subject to necessary approvals by the Miami-Dade Board of County Commissioners.

(3) Monies deposited in the Trust Fund along with any interest earnings on such monies shall be used solely to increase and improve the supply of workforce housing to households in the workforce target income group, including, but not limited to acquisition of property and property rights, cost of construction including costs associated with planning, administration, design, building or installation, payment of impact fees only for workforce housing units, as well as any other costs associated with the construction or financing of WHU housing, and reimbursement to the County for such costs if funds were advanced by the County from other sources. To the maximum extent possible, all monies should be used to provide for additional WHU housing and services.

a. Monies may also be used to cover reasonable administrative expenses not reimbursed through processing fees, including reasonable consultant and legal expenses related to the establishment and/or administration of the Trust Fund and reasonable expenses for administering the process of calculating, collecting, and accounting for any deferred County fees authorized by this section. No portion of the Trust Fund may be diverted to other purposes by way of loan or otherwise.

b. Monies in the Trust Fund shall be used to construct, acquire, rehabilitate or subsidize workforce housing and/or to assist other governmental entities, private organizations or individuals in the construction, rehabilitation, reimbursement of County advanced funds, location or subsidy of workforce housing. Monies in the Trust Fund may be disbursed, hypothecated, collateralized or otherwise employed for these purposes from time to time as the Department Director and Board of County Commissioners determine is appropriate to accomplish the purposes of the Trust Fund. These uses include, but are not limited to, assistance for equity participation loans, grants, pre?home ownership co?investment, pre?development loan funds, participation leases, or other public/private partnership arrangements. The Trust Fund monies may be extended for the benefit of rental or owner occupied housing.

c. Expenditures by the Director from the Trust Fund shall be controlled, authorized and paid in accordance with County policy. Execution of contracts related to the use or administration of Trust Fund monies shall be in accordance with standard County policy.


Sec. 17-133. Compliance procedures.

(A) Workforce Housing Declaration of Restrictive Covenants and Workforce housing agreement

(1) Every WHU required to be established under pursuant to Chapter 33, Article XIIA of the Code of Miami-Dade County shall be offered for sale or rental to a qualified household to be used for his or her own primary residence. The County, through the Director, shall publish a pricing schedule of rental and sales prices for WHUs in accordance with this article.

(2) Any developer or other property owner offering a WHU for initial sale or rental shall record in the public records one or more covenants or declarations of restrictions in a form approved by the County. Such covenants or declarations of restrictions shall include the WHU Agreement, and such further arrangements, restrictive covenants, and resale or rental restrictions as are necessary to carry out the purposes of this article. The developer or other property owner must execute and record a declaration of restrictive covenants assuring that:

(a) the restrictions of this article shall run with the land for the entire control period;

(b) the covenants will bind the applicant, any assignee, mortgagee, or buyer, and all other parties that receive title to or interest in the property. These covenants shall be senior to all instruments securing permanent financing; and

(3) Each qualified household purchasing a WHU shall be required to record a mortgage in favor of Miami-Dade County. A promissory note shall be executed by each qualified household and secured by said mortgage. Said mortgage shall set forth the same covenants, along with the refinancing and resale restrictions as those included in the restrictive covenants required by this section, and shall requirement of acknowledgment of the County’s right of first refusal as set forth in section 17-135 (B) and (C).

(B) WHUs offered for sale during the initial or any control period shall not be offered for a price greater than the current maximum WHU sales price as determined by the Department at the time of sale.

(C) The price for subsequent resale of a WHU shall be controlled for a period of thirty (30) years after the initial sale; however, a new thirty (30) year control period shall commence upon any resale and/or transfer to a new owner of such WHU within the initial 30-year control period. Any WHU that is owned for an entire 30 year control period by the same individual(s), shall be released from the sales price restrictions under the program. Upon the expiration of the control period the County shall record in the public records of Miami-Dade County an instrument or document releasing the WHU from the restrictive covenant required by this program.

A WHU may not be resold during the control period set forth herein for an amount that exceeds the WHU sales price set by administrative order. Prior to offering the dwelling unit for sale during the control period, the WHU owner shall obtain the Director’s written approval of the WHU sales price.

The covenants recorded by each developer or other property owner of WHUs shall state in said covenant that the unit is subject to the following provisions:

1. The covenants shall be senior to all instruments securing permanent financing, and shall bind all assignees, mortgagees, purchasers and other successors in interest.

2. The total aggregate amount of principal and accrued interest for all financing secured by an individual upon his or her initial purchase of a WHU shall not exceed 105% of the loan-to-value. Any financing in excess of the lesser of (1) Department’s maximum WHU sales price at the time of closing; or (2) the property’s appraised value shall not be secured by any interest in the applicable individual WHU.

No sale, transfer or foreclosure shall affect the validity of the covenants except as expressly set forth in the provisions of this article.

Sec. 17-134. Eligibility of households for workforce housing units.

Eligibility for rental or purchase of WHUs shall be determined pursuant to an administrative order approved by the Board of County Commissioners and shall be based on household size and income. An eligible household must receive a certificate of qualification from the Department to become a qualified household for a WHU, in accordance with the procedures prescribed by the administrative order.

Eligibility for continued ownership or rental of a WHU shall be contingent upon the qualified household’s use of the WHU as his or her primary residence.

(A) A qualified household that purchases a WHU and that discontinues occupancy of the unit as his or her primary residence shall be in default of the mortgage recorded against the WHU by the County.

(B) A qualified household that leases a WHU and who discontinues occupancy of the unit as his or her primary residence shall be required to vacate said unit.

Sec. 17-135. Affordability controls.

(A) Initial sale or rental.

(1) Every WHU required to be established under this article and Chapter 33, Article XIIA of the Code of Miami-Dade County, shall be offered for sale or rental to an eligible household to be used for his or her own primary residence.

(2) Sixty (60) days prior to offering any new WHU for sale or rent, the developer or other property owner shall notify the Department of such offering. The notice shall set forth the number, size, price established by applicable administrative order, and location of the WHU offered and shall provide a description of each WHU’s finishes and availability. The Department may request additional information from the developer or other property owner as it deems necessary.

(3) Upon notification from the developer or other property owner, the Department shall make such notice available to eligible households through its web site, a prominently located posting at the Department, and other locations designated by the County.

(4) If the Department determines an eligible household qualifies for the rental or owner-occupied WHUs, the Department will issue a certificate of qualification. In order to receive a certificate of qualification, an eligible household must provide an affidavit that the WHU will be its primary residence.

(5) A qualified household that has purchased a WHU shall not lease said WHU.

(6) Upon resale or re-rental of a WHU, each qualified household must first obtain a valid certificate of qualification from the prospective eligible household.

(B) Right of first refusal.
(1) Initial Sale. The developer or other property owner of a WHU shall agree to execute a document consistent with a model restriction prepared by the Department, granting to the County, among other things, the County’s right of first refusal to purchase the WHU in the event that a qualified household does not execute a contract for purchase within six (6) months from the date the WHU is offered for sale. In the event that no qualified household purchases a WHU within six (6) months from the date the WHU is first offered by the developer or other property owner, the Director shall recommend to the County Manager whether the County should exercise its right of first refusal to purchase the WHU at the WHU sales price. If the County Manager concurs, the Director shall notify the developer or other property owner of the County’s decision. The County Manager is authorized to purchase the WHU, without prior approval from the Miami-Dade Board of County Commissioners, from the funds earmarked in the Trust Fund, which has been established pursuant to Section 17-132 of the Code of Miami-Dade County. The County Manager shall report each such purchase to the Board of County Commissioners at the next Board meeting following the month in which the WHU is purchased.
(2) Resale. Subject to the mortgage recorded against the WHU in favor of the County, any qualified household that intends to sell his or her WHU prior to the expiration of the control period shall provide written notification to the Department pursuant to subsection (C) below. In the event the qualified household does not execute a contract for purchase within six (6) months from the date the WHU is first offered for resale, the County shall have a right of first refusal to purchase the WHU. The Director shall recommend to the County Manager whether the County should exercise its right of first refusal to purchase the WHU at the WHU sales price. If the County Manager concurs, the Director shall notify the qualified household of the County’s decision. The County Manager is authorized to purchase the WHU, without prior approval from the Miami-Dade Board of County Commissioners, from the funds earmarked in the Trust Fund, which has been established pursuant to Section 17-132 of the Code of Miami-Dade County. The County Manager shall report each such purchase to the Board of County Commissioners at the next Board meeting following the month in which the WHU is purchased.
(C) Control of resale prices
(1) The maximum sales price, with the exception of sales under order of court, permitted on resale of a WHU shall be the lesser of:
(a) the maximum sales price for a WHU as set by the Department at the time of resale to an eligible household; or
(b) the market value of the unit for sale.

(2) The WHU may be resold to any eligible household. Any qualified household that has purchased a WHU shall notify the Department in writing of his or her intent to offer the WHU for resale. The qualified household shall not sell the WHU for an amount in excess of the allowable WHU sales price.

(3) Before closing a sale, the seller of the WHU shall submit to the Department for approval (which approval shall not be unreasonably withheld or delayed):

(a) a copy of the proposed sales contract;

(b) a signed copy of the buyer’s certification of qualification (if not provided by the Department); and

(c) an affidavit signed by the seller and the buyer attesting to the accuracy of all documents and conditions of the sale.

(4) No resale of a WHU shall be considered to be in compliance with this article until all required documents and affidavits have been submitted to and approved by the Department.

(5) The Department shall either approve or disapprove all required documents and affidavits in writing no later than five (5) business days after they are submitted to the Department. The Department’s failure to issue such approval or disapproval within the required time period shall result in such documents and affidavits being deemed approved. If the Department disapproves such documents or affidavits then the Director shall provide the seller, in writing, with reasons for such disapproval and an opportunity to correct any deficiencies.

(D) Resale requirements during the control period.

The County Manager may adopt additional requirements for reselling WHUs consistent with this article, including without limitation a requirement that within forty-eight (48) hours prior to closing, a seller submit to the Department for approval:

(1) a copy of the proposed sales contract, including a list and the price of any personal property included in the sale;

(2) a signed copy of the settlement sheet; and

(3) an affidavit signed by the seller and buyer attesting to the accuracy of all documents and conditions of the sale.

(E) Foreclosures and other proceedings.

(1) If any qualified household of a WHU defaults on his or her mortgage with the County and said default is not cured within the applicable time periods, then the whole debt secured by said mortgage, with all interest thereon, and all other amounts thereby secured shall, at the option of the County, become immediately due and payable. In the event any qualified household of a WHU fails to cure the default, the County shall have the right to legally enforce the term of the mortgage or collect the debt in any action at law, including but not limited to a proceeding in foreclosure. Any proceeds, including any expenses or expenditures incurred and recovered by the County, shall be deposited in the Trust Fund.

(2) In any suit, action or proceeding, including without limitation bankruptcy, probate or any other suit, action or proceeding affecting the WHU, any monies recovered by the County shall be deposited into the Trust Fund.

(3) Notwithstanding subsection E (1) and (2), in the event of default by a qualified household on any senior mortgage associated with a WHU, the County Manager is authorized to pay off said senior mortgage and assume ownership of the WHU by using funds from the Trust Fund for resale to an eligible household. The defaulting qualified household shall be required to vacate the WHU. The County Manager is further authorized to purchase any WHU that is sold as a result of any suit, action or proceeding, including but not limited to foreclosure, bankruptcy, probate or any other suit, action or proceeding affecting the WHU. The County Manager shall report each such purchase to the Board of County Commissioners at the next Board meeting following the month in which the WHU is purchased.
(F) Rental WHU Requirements

(1) All qualified households must be provided a lease with a minimum period of twelve (12) months. The lease must comply with all applicable federal and state laws. The lease shall include without limitation provisions that specify the maximum household size allowed in the unit; a prohibition against subleasing; and a requirement that the qualified household shall report any changes in household size or income during the tenancy. Qualified households shall comply with all monitoring requirements established by the Department.

(2) If a qualified household’s income increases above the maximum allowed income levels, the qualified household may choose to remain in the WHU for the remainder of the lease term. If the formerly qualified household and the developer or other property owner agree to extend the lease term, the developer or other property owner shall make the next comparable vacant unit at the covered development available to an eligible household at the WHU rent.

Sec. 17-136. Reports to the Board of County Commissioners .

The Director shall submit regular reports to the Miami-Dade Board of County Commissioners concerning compliance with the provisions of this article. This report shall be provided on a semi-annual basis for the first two years after the effective date of this ordinance, and annually thereafter, to include but not be limited to continuing to evaluate the need for workforce housing, the uses and expenditures of the Trust Fund, and the effectiveness of the program.

Sec. 17-137. Enforcement.

(A) The provisions of this article shall apply to all agents, successors and assignees of a qualified household.

(B) This article shall be enforceable in accordance with the provisions of Chapter 8CC of this code. Violations of this article shall also be punishable by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period not to exceed sixty (60) days, or by both such fine and imprisonment, in the discretion of the county court. Any continuing violations of the provisions of this article may be enjoined and restrained by injunctive order of the circuit court in appropriate proceedings instituted for such purpose.<<

Section 21. Section 8-8.1 of the Code of Miami-Dade County is hereby created to read as follows:
Sec. 8-8.1. Expedited permit program for workforce housing units.

It is the intent of Miami-Dade County to encourage private, for profit developers to construct moderately priced housing or workforce housing units. As used in this section, workforce housing units shall mean those WHUs which are priced (selling price or rent) at levels to be affordable to households which meet the workforce housing target income range. To that end, the Building Official shall implement a program to expedite the review and approval of permit applications for workforce housing units. The expedited permit program for workforce housing units shall be implemented through administrative order to be approved by the Board of County Commissioners.

Section 22. Section 8CC-10 of the Code of Miami-Dade County, Florida, is hereby amended as follows:
Sec. 8CC-10. Schedule of civil penalties.
The following table shows the sections of this Code, as they may be amended from time to time, which may be enforced pursuant to the provisions of this chapter; and the dollar amount of civil penalty for the violation of these sections as they may be amended.

* * *

Code Section
Description of Violation
Civil Penalty
*
*
*
>>17-137
Failure to comply with Chapter 17, Article VIII of the Code of Miami-Dade County
$1,000<<
*
*
*
>>33-193.16
Failure to comply with Chapter 33, Article XIIA
of the Code of Miami-Dade County
$1,000<<
*
*
*
All other Chapter 33 violations   

$500.00


Section 23. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 24. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be re-numbered or re-lettered to accomplish such intention, and the word “ordinance” may be changed to “section,” “article,” or other appropriate word.
Section 25. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.

1The number of WHUs to be provided shall be 5% of the total number of market rate units.

2The percentage of WHUs to be provided shall be a percentage of the total number of units.


3Office/Residential - One density category higher than that allowed in the adjoining or adjacent residentially designated area on the same side of the abutting principal roadway, or up to the density of existing adjoining or adjacent residential development, or zoning if the adjacent or adjoining land is undeveloped whichever is higher. If there is no adjacent or adjoining residential development existing, zoned or designated on the same side of the abutting principal roadway, then the allowable maximum residential density shall be based on that which exists or which the plan allows across the roadway. Where there is no residential use, zoning or designation on either side of the roadway, the intensity of residential development, including height, bulk and floor area ratio shall be no greater than that which would be permitted for an exclusively office use of the site

4Business and Office - One density category higher than the LUP - designated density of the adjacent or adjoining residentially designated area on the same side of the abutting principal roadway, or up to the density of any such existing residential development, or zoning if the adjacent or adjoining land is undeveloped, whichever is higher. If there is no adjacent or adjoining residential use existing, zoned or designated on the same side of the roadway, the maximum allowable residential density will be that which exists or which this plan allows across the roadway. Where there is no residential use, zoning or designation on either side of the roadway, the intensity of residential development, including height, bulk and floor area ratio shall be no greater than that which would be permitted for an exclusively commercial use of the site.
5 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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