Resolution No. 2016-41 Objecting to Miami Dade County Proposed Mandatory Workforce Housing Ordinance - July 12, 2016 RESOLUTION NO. 2016-41
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, EXPRESSING THE CITY'S STRONG
OBJECTION TO MIAMI DADE COUNTY'S PROPOSED MANDATORY
WORKFORCE HOUSING ORDINANCE; URGING THE MIAMI-DADE
COUNTY BOARD OF COUNTY COMMISSIONERS AND THE
COUNTY'S METROPOLITAN SERVICES COMMITTEE NOT TO APPLY
THE PROPOSED ORDINANCE WITHIN THE CITY OF AVENTURA OR
WITHIN ANY OTHER OBJECTING MUNICIPALITY; PROVIDING FOR
DISTRIBUTION; PROVIDING IMPLEMENTATION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners and its Metropolitan Services
Committee is presently considering the adoption of a Mandatory Workforce Housing
Ordinance (the "County Ordinance") which passed first reading as County Agenda Item
4 (J) on June 7, 2016; and
WHEREAS, the City Commission of the City of Aventura finds that the County
Ordinance will adversely impact economic revitalization and redevelopment
opportunities within the City by driving up the cost of redevelopment; and
WHEREAS, the City Commission finds that if the County Ordinance is adopted in
the form in which it is proposed, it is hereby subject to objection and opposition upon,
but not limited to, each of the following grounds:
• There is a significant question of whether or not application of the proposed
Ordinance within the incorporated municipalities exceeds the County's charter
based regulatory authority.
• The County Ordinance interferes with Municipal Home Rule Powers which are
provided by Article VIII, Section II of the Florida Constitution and codified in
Section 166.021, F.S.
• The County Ordinance creates a legal conflict with the City's zoning code which
does not provide a mechanism for the proposed bonuses. If the County
Ordinance is found to be valid and within their authority, the City would be
required to amend its Zoning Code to provide for the density bonuses of up to
25% in the City's residential zoning districts.
• The County Ordinance creates a legal conflict with the City's Comprehensive
Plan. The City's Residential land use categories do not provide for the density
permitted under the County's proposed density bonuses and, if the County
Ordinance is found to be valid and within their authority, the City would need to
amend its Comprehensive Plan by increasing densities 25% in the City's
residential land use categories or providing a bonus mechanism for workforce
housing.
City of Aventura Resolution No. 2016-41
• The State of Florida may object to the proposed density increases in municipal
areas which are affected by hurricane evacuation routes and times.
• The mechanism for the City to opt out of the proposed mandatory workforce
housing program is very burdensome and the deadline very short. Further,
implementation of a local ordinance will shift the risk of claims from developers to
the local government rather than leaving the risk with the County government
that mandated the program; and
WHEREAS, although the City Commission applauds the intent of the sponsoring
Commissioner and others in desiring to encourage the availability of workforce housing,
the City Commission respectfully and strongly objects to the County Ordinance's
proposed imposition of a mandatory workforce housing methodology within the City of
Aventura; and
WHEREAS, the City Commission requests that the County Ordinance shall not
be applicable within the City of Aventura or within any other objecting municipality.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1. Recitals. That each of the above-stated recitals are hereby
adopted and confirmed.
Section 2. Opposition and Objection by the City Commission Concerning
the County Ordinance. That the City Commission hereby strongly objects to and
opposes the County Ordinance and its mandatory workforce housing approach, and
respectfully urges the Metropolitan Services Committee and the Board of County
Commissioners to reject the proposed County Ordinance or to amend the proposed
County Ordinance to provide that the County Ordinance shall not be applicable within
the City of Aventura or within any other objecting municipality.
Section 3. Workforce Housing Options. That the City Commission
welcomes and invites the Board of County Commissioners to assist in voluntarily
forming and working with a task force of municipalities to develop voluntary workforce
housing initiatives which comply with applicable laws.
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City of Aventura Resolution No. 2016-41
Section 4. Providing for Distribution. That the City Clerk is hereby directed
to transmit a copy of this Resolution to the County Mayor, the Board of County
Commissioners, the Metropolitan Services Committee, the Miami- Dade County League
of Cities, municipalities within Miami-Dade County, and other interested persons.
Section 5. Implementation. That the City Manager and City Attorney are
hereby each respectively authorized to take any action which is necessary to implement
the purposes of this Resolution, including, but not limited to: taking actions with and by
way of the Miami-Dade County League of Cities to oppose the County Ordinance;
and/or seeking judicial and/or administrative recourse in the event that the County
Ordinance is adopted in a form which purports to be applicable within the City of
Aventura.
Section 6. Effective Date. That this Resolution shall become effective
immediately upon its adoption.
The foregoing Resolution was offered by Commissioner Narotsky, who moved its
adoption. The motion was seconded by Commissioner Holzberg, and upon being put to
a vote, the vote was as follows:
Commissioner Enbar Cohen Absent
Commissioner Teri Holzberg Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Denise Landman Yes
Mayor Enid Weisman Yes
PASSED AND ADOPTED THIS 12th day of July, 2016.
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City of Aventura Resolution No. 2016-41
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ATTEST:
ELLISA L. HORVA 4117 C
CITY CLERK
APPROVED AS TO EG A L SUFFICIENCY:
CITY ATTORNEY
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