A.

Legislative findings.

(1)

Upon the adoption of the Comprehensive Plan of the City of Sunny Isles Beach, the City Commission determined that there was a need for affordable workforce housing to be included in the housing stock of the City.

(2)

The City Commission in the housing element in its comprehensive plan made a commitment to provide affordable workforce housing units in sufficient numbers to satisfy anticipated future needs.

(3)

The City Commission through its land use regulations encouraged the development of workforce housing units for households with an income at 120 percent and less of the median family income in Miami-Dade County, Florida in housing development projects.

(4)

The City Commission through its comprehensive plan and land use regulations encouraged the development of affordable workforce housing units by providing workforce housing density bonus.

(5)

The City Commission, with the knowledge that there is a limited supply of land in Sunny Isles Beach, has provided workforce housing density bonuses in certain zoning districts to encourage the development of workforce housing units.

B.

Purpose. The purpose of this section is to establish guidelines and criteria for the workforce/affordable housing density bonuses described in § 265-34(D)(9)(b)(2), § 265-36(E)(3)(b), and § 265-38(E)(3)(b), as applicable to properties located within the RMF-2, B-1, and the Business Overlay Districts, respectively. It is further the purpose of this section to encourage future housing developments to contribute to the attainment of workforce housing units within the City of Sunny Isles Beach.

C.

Definitions.

(1)

The following words, terms and phrases when used in this section shall have the meanings ascribed to them as set forth below except where the context clearly indicates a different meaning.

(a)

DENSITY BONUS UNIT. A unit as a result of an increase in density permitted above the basic per acre density established by the City's comprehensive plan, including the future land use map.

(b)

DEVELOPER. Any person, firm, partnership, association, joint venture, corporation or any combination of said entities.

(c)

DEVELOPMENT. A housing development, including any mixed use residential development at one location, which may include one or more structures, including existing buildings, which are unified via a unity of title or a covenant in lieu of unity of title.

(d)

MARKET RATE UNIT. A unit in a residential development other than those designated as an affordable/workforce housing unit.

(e)

PRIMARY RESIDENCE. The legal residence of the household or person and qualifies for homestead exemption, if an owner occupied unit.

(f)

WORKFORCE HOUSING DENSITY BONUSES. Density bonuses as defined in § 265-34(D)(9)(b)(2), § 265-36(E)(3)(b), and § 265-38(E)(3)(b), as applicable to properties located within the RMF-2, B-1, and the Business Overlay Districts, respectively, which may be achieved by meeting the criteria in this section.

(g)

WORKFORCE HOUSING. Affordable housing which is available for citizens with income less than 120 percent of the median income of Miami-Dade County, Florida, and adjusted for household size. The term workforce housing means affordable housing for purposes of density bonus described in land development regulations.

(h)

WORKFORCE HOUSING UNIT. A housing unit offered to eligible households that meet the affordable/workforce income standards as defined in this section. A workforce housing unit may be an owner occupied unit or a renter occupied unit. The rental price of such unit shall not exceed 30 percent of the gross income of the households that meet the income criteria set forth in this section. The sale price of each unit shall be submitted for review and approval to the City Manager or designee to ensure affordability.

(i)

WORKFORCE INCOME. Household income less than 120 percent of the median income of Miami-Dade County, Florida, and adjusted for household size.

D.

Density bonuses and site plan.

(1)

To the maximum extent feasible pursuant to this chapter, the City shall allow developments in the B-1, RMF-2, and Business Overlay Districts, to achieve applicable the workforce housing density bonuses as follows:

(a)

For every one workforce housing unit provided, the developer may qualify for one market rate unit within the development.

(2)

Upon the submittal of a site plan for a development project, the developer shall include the following in the site plan:

(a)

The number, location, structure, and size of the proposed market rate and workforce housing units and the basis for calculating the number of workforce housing units;

(b)

The income levels to which each workforce housing unit will be made affordable;

(c)

The methods to be used to advertise the availability of the workforce housing units;

(d)

Any additional information requested by the City Manager or designee to assist with evaluation of the workforce housing unit proposal.

(3)

The workforce density bonuses provided under the land development regulations and this section shall be approved as part of the site plan review process.

E.

Applicability.

(1)

This section shall apply to all new residential developments of 100 units or more located in the RMF-2, B-1, and the Business Overlay Zoning Districts.

(2)

This section shall apply to any expansion of existing residential development consisting of 100 units or more located in the RMF-2, B-1, and the Business Overlay Zoning Districts.

(3)

This section shall not apply to any residential developments in the Mixed Used Resort (MUR) and Single-Family (R-1) zoning districts.

F.

Qualifications for eligible household.

(1)

The eligible household must be a first time homebuyer if purchasing a unit.

(2)

The household income must not exceed the workforce income, which is 120 percent or less of the median income of Miami-Dade County, Florida, and adjusted for household size.

G.

Priority for participation.

(1)

Police Officers of the City of Sunny Isles Beach and general employees of the City of Sunny Isles Beach.

(2)

Miami-Dade County public school employees working at a school in the City of Sunny Isles Beach.

(3)

Employees working for licensed businesses in the City of Sunny Isles Beach.

(4)

Any other eligible households.

H.

Restrictive covenant, annual report and penalties.

(1)

In order to be eligible for density bonuses under this section and the land development regulations, the developer shall guarantee the availability of applicable workforce housing units as either rental or owner-occupied housing for a period of at least 30 years via a restrictive covenant in a form acceptable to the City Attorney for the City of Sunny Isles Beach.

(2)

The owner of rental workforce housing unit(s) shall provide an annual report to the City Manager or designee to demonstrate that the unit rental price has remained a workforce housing unit under this section. The annual report is due on October 1 of each year. The owner of an owner occupied unit shall obtain the consent of the City Manager or designee prior to any sale of the unit to ensure that the unit is affordable in accordance with guidelines established by Miami-Dade County.

(3)

This section shall be enforceable in accordance with Chapter 14 of the City Code. Violations of this section shall be punishable by a fine not to exceed $500.00 dollars per day. Any continuing violation of the provisions of this section may be enjoined in a court of law.

(Ord. No. 2016-488, § 2, 10-20-2016)