Miami-Dade Legislative Item
File Number: 121802
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File Number: 121802 File Type: Resolution Status: Adopted
Version: 0 Reference: R-763-12 Control: Board of County Commissioners
File Name: COUNTY OWNED PARCEL IN DISTRICT 2 Introduced: 9/7/2012
Requester: NONE Cost: Final Action: 10/2/2012
Agenda Date: 10/2/2012 Agenda Item Number: 5A
Notes: PH @ BCC Title: RESOLUTION DECLARING COUNTY-OWNED PROPERTIES LOCATED IN DISTRICT 2 SURPLUS; AUTHORIZING COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO INCLUDE SAID PROPERTIES IN THE COUNTY’S INFILL HOUSING INITIATIVE PROGRAM TO BUILD AFFORDABLE HOUSING UNITS IN ACCORDANCE WITH IMPLEMENTING ORDER NO. 3-44; REVISING THE INVENTORY LIST OF AFFORDABLE HOUSING SITES; AUTHORIZING COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO SET A PRICE BASED ON A BONA-FIDE APPRAISAL WITH A MAXIMUM PURCHASE PRICE OF $175,000; AUTHORIZING COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO MAKE SUCH PROPERTIES AVAILABLE TO THE LIST OF BOARD-APPROVED INFILL HOUSING DEVELOPERS; AUTHORIZING THE CONVEYANCE OF THE COUNTY SURPLUS PROPERTIES IN THE AMOUNT OF TEN DOLLARS ($10.00); AUTHORIZING THE CHAIR OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE COUNTY DEEDS FOR SAID PURPOSE; AND WAIVING THE REQUIREMENTS OF RESOLUTION NO. R-376-11
Indexes: COUNTY OWNED LAND
Sponsors: Jean Monestime, Prime 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

Board of County Commissioners 10/2/2012 5A Adopted P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record. Chairman Martinez opened the public hearing on the foregoing resolution. Ms. Renita Holmes, Miami-Dade County resident, appeared before the County Commission in opposition to the foregoing proposed resolution. She asked that the resolution be deferred as the community had not yet had an opportunity to determine how the proposed infill housing lots would affect the neighborhood strategy; and their impact on the Comprehensive Development Master Plan (CDMP). Ms. Holmes commented on the surplus of houses in her community which needed to be rehabilitated, and the refusal of certain developers to hire area residents. She noted subcontractors like herself wanted to build, and asked that residents be notified and be allowed to participate and review the infill houses. Dr. Mae Christian, 4824 N.W. 15 Court, representing the Model City Advisory Board (MCAB) for Districts 2 and 3, a Neighborhood Strategy Revitalization Area (NSRA), appeared before the County Commission in opposition to this proposed resolution. She requested that the resolution be deferred, noting the community, and the MCAB had a right to provide input. Dr. Christian noted she believed this resolution was discriminatory and violated Citizen’s Participation and Civil Rights. She said the 2007 Infill Developer List was discriminatory; and $175,000 for the proposed homes was not considered to be a low-income cost and was high for the area. Dr. Christian pointed out that an eligible and ineligible list of developers from 2007 existed. She commented on the high unemployment and noted many developers were not hiring area residents. Hearing no one else wishing to speak, Chairman Martinez closed the public hearing. Commissioner Monestime questioned the inclusiveness of the Developer’s List; whether this List represented the County’s population; and the rationale for removing a developer from the List. Responding to Commissioner Monestime, Deputy Mayor Russell Benford explained that the County conducted a procurement process for infill housing developers every five years; however, any affordable housing developer who wanted to be added to the list of approved developers should contact staff. He noted the list represented developers who applied. Deputy Mayor Benford said staff would research the reason for removing a developer from the list and provide Commissioner Monestime with a response. In response to Commissioner Monestime’s inquiry as to whether individuals could also apply, Mr. Greg Fortner, Director, Public Housing and Community Development Department, noted anyone who believed they could be a qualified infill developer could apply. Commissioner Heyman expressed concern that some of the parcels listed under Exhibit “A” had significant value. She questioned what safeguards existed to ensure that the single-family homes built would be affordable, if a for-profit developer developed the land. Commissioner Heyman also expressed concerns regarding some of the land values, and inquired whether individually, anything had been done to determine whether they could be sold separately from this. Mr. Fortner said he could provide Commissioner Heyman with a list of qualified developers. Concerning Commissioner Heyman’s inquiry regarding affordability, Deputy Mayor Benford advised that once the properties were developed, the homes could be sold for no more than $175,000. In response to Commissioner Edmonson’s question regarding the advertising process for potential developers to apply to build infill houses,Mr. Fortner said the list was advertised through the County’s normal solicitation process used to advertise any opportunities for the general public and was always open for people to apply. He noted for-profit entities had to be vetted in order to qualify for the Infill Program; however, non-profit entities were not required to be on a pre-qualified list. Pursuant to Commissioner Edmonson’s question as to whether numerous agencies were denied, Mr. Fortner said he was unaware of the number of agencies outside of the non-profit organizations that had requested to be on the list. He noted he would provide Commissioner Edmonson with the number of people who applied over the last five years since the general solicitation was advertised; the number who were rejected; and those who were denied. Commissioner Jordan asked, and Mr. Fortner confirmed, that lots could be removed from the Infill program. Commissioner Moss noted area residents in disadvantaged neighborhoods should be given an opportunity to work on projects. In response to Commissioner Heyman’s inquiry regarding whether there was a timeframe for developers to begin working on the properties, Mr. Fortner noted he believed developers had one year in which to develop the property. Commissioner Jordan asked Mr. Fortner to provide her with the development guidelines for County-owned properties that were transferred to an entity. Commissioner Edmonson noted she concurred with Commissioner Moss’ comments and asked Mr. Fortner to provide her with the list of agencies or individuals who had applied to be infill developers and were denied; and the reason for the denial. Commissioner Monestime asked Mr. Fortner to ensure that the infill developer list was appropriately advertised so that residents within the proposed development area were informed of the properties to be developed.

Economic Development & Social Services Committee 9/12/2012 2F Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Cynthia Johnson-Stacks read the foregoing proposed resolution into the record. Hearing no comments or questions, the Committee proceeded to vote on the foregoing proposed resolution, as presented.

Office of the Chairperson 9/11/2012 Additions Economic Development & Social Services Committee 9/12/2012

County Attorney 9/7/2012 Referred Economic Development & Social Services Committee 9/12/2012

County Attorney 9/7/2012 Assigned Terrence A. Smith 9/7/2012

Legislative Text


TITLE
RESOLUTION DECLARING COUNTY-OWNED PROPERTIES LOCATED IN DISTRICT 2 SURPLUS; AUTHORIZING COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO INCLUDE SAID PROPERTIES IN THE COUNTY’S INFILL HOUSING INITIATIVE PROGRAM TO BUILD AFFORDABLE HOUSING UNITS IN ACCORDANCE WITH IMPLEMENTING ORDER NO. 3-44; REVISING THE INVENTORY LIST OF AFFORDABLE HOUSING SITES; AUTHORIZING COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO SET A PRICE BASED ON A BONA-FIDE APPRAISAL WITH A MAXIMUM PURCHASE PRICE OF $175,000; AUTHORIZING COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO MAKE SUCH PROPERTIES AVAILABLE TO THE LIST OF BOARD-APPROVED INFILL HOUSING DEVELOPERS; AUTHORIZING THE CONVEYANCE OF THE COUNTY SURPLUS PROPERTIES IN THE AMOUNT OF TEN DOLLARS ($10.00); AUTHORIZING THE CHAIR OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE COUNTY DEEDS FOR SAID PURPOSE; AND WAIVING THE REQUIREMENTS OF RESOLUTION NO. R-376-11

BODY

WHEREAS, Florida Statute Section 125.379 requires each county to prepare an inventory list at least every three (3) years of all real property that is appropriate for use as affordable housing; and
WHEREAS, Florida Statute Section 125.379 requires that such inventory list include the address, legal description and whether the property is vacant or improved; and
WHEREAS, Florida Statute Section 125.379 further allows for the governing body of the County to revise the inventory list upon conclusion of a public hearing held before the governing body; and
WHEREAS, on January 25, 2007, the Board approved Implementing Order No. 3-44, which established the procedures for the Infill Housing Initiative Program, including the conveyance of County-owned property to qualified developers selected through a Request for Qualifications process; and
WHEREAS, pursuant to the Implementing Order No. 3-44, property that is located in the infill target areas and is appropriately sized, residentially zoned, designated for residential use in the County’s Land Use Map, or located adjacent to residential uses is presented to the Affordable Housing Review Committee, which determines whether the property is generally suitable for the development of affordable housing; and
WHEREAS, County properties that are deemed by the Affordable Housing Review Committee to be suitable for the development of infill housing must be declared surplus by the Board before they can be offered to the qualified developer pool; and
WHEREAS, Public Housing and Community Development Department (“Department”) has preliminarily reviewed those certain properties located in District 2 (“Properties”), which are more fully described in Exhibit A attached hereto and incorporated by reference, to be developed for affordable housing; however, final review by the Affordable Housing Review Committee (“Committee”) is pending; and
WHEREAS, those properties that are rejected by the Committee for not meeting established criteria will be placed in the County’s surplus or excess lands; and
WHEREAS, upon the approval of this resolution, the Department will offer the Properties to members of the developer pool approved by the Board through a competitive work order proposal process that encourages a mix of housing prices that are affordable to very low-, low-, and moderate-income households, based on the following Area Median Income levels (adjusted for family size) issued annually by the United States Department of Housing Development, which is more fully described in Exhibit B, which is attached hereto and incorporated by reference; and
WHEREAS, at the time the County is ready to convey the Properties, the Chair of the Board will execute the County Deeds containing restrictive covenants, in substantially the form attached as Exhibits C and D; and
WHEREAS, after the Properties are developed each developer will sell them to income-eligible homebuyers and the County will require a recorded restrictive covenant to ensure the property remains affordable for 20 years; and
WHEREAS, if funding sources are available, then a second mortgage will be made available to a qualified buyer under the homebuyer mortgage assistance program; and
WHEREAS, the future conveyance of the Properties will help increase the stock of affordable single family housing in Miami-Dade County; and
WHEREAS, the Board wishes to waive the requirements of Resolution No. R-376-11 because of the volume of properties and the unavailability of records to provide a detailed description as required by the resolution,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. The matters contained in the foregoing recitals are incorporated in this resolution by reference.
Section 2. The Board declares the Properties more fully described in Exhibit A, which is incorporated by reference, to be surplus in accordance with Florida Statute section 125.379, and directs the County Mayor or the County Mayor’s designee to include said properties in the County’s Infill Housing Initiative Program to build affordable housing units in accordance with Administrative Order No. 3-44.
Section 3. The Board hereby revises the County’s inventory list, required by Florida Statute Section 125.379, of real property that is appropriate for affordable housing to include the inventory of properties described in Exhibit A.
Section 4. The Board authorizes the County Mayor or the County Mayor’s Designee to set a fixed maximum sales price for homes built on the properties described in Exhibit A, based on a bona fide appraisal, at no more than $175,000. The affordability controls of the Infill Program as set forth in Implementing Order No. 3-44, as amended from time to time, shall apply.
Section 5. The Board also authorizes the County Mayor or the County Mayor’s designee to make such properties described in Exhibit A available to the list of Board approved infill housing developers.
Section 6. The Board authorizes the conveyance of the properties described in Exhibit A in the amount of ten dollars ($10.00).
Section 7. The Board authorizes the Chair of the Board of County Commissioners to execute County Deeds on behalf of Miami-Dade County in substantially the form attached hereto as Exhibits C and D.
Section 8. The Board hereby waives the requirements of Resolution No. R-376-11.



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