HomeMy WebLinkAboutCity of Tamarac Resolution R-2021-140Temp. Reso. No. 13710
December 8, 2021
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2021- 1 �. o
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, ADOPTING THE
AFFORDABLE HOUSING INCENTIVE STRATEGIES
RECOMMENDATIONS OF THE AFFORDABLE
HOUSING ADVISORY COMMITTEE (AHAC) AND
AUTHORIZING THE TRANSMITTAL OF THE
RECOMMENDATIONS IN AN ANNUAL REPORT
ATTACHED HERETO AS EXHIBIT "An TO THE
FLORIDA HOUSING FINANCE CORPORATION IN
ACCORDANCE WITH SECTION 420.9076(4)
FLORIDA STATUTES; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Section 420.9076(4), Florida Statutes requires that each Affordable
Housing Advisory Committee perform a triennial review of established policies, procedures,
ordinances, land development regulations and the City's adopted Comprehensive Plan to
evaluate the implementation of affordable housing incentives and submit a report to the
Mayor and Commission; and
WHEREAS, on July 19, 2018 the City of Tamarac (hereinafter referred to as the
"City"), pursuant to State Housing Initiatives Partnership Act ("Act"), adopted Resolution
No. 2018-69, thereby appointing members to the City's Affordable Housing Advisory
Committee; and
WHEREAS, House Bill (HB) 1339 made changes to community development zoning,
impact fees, affordable housing, mobile homes and parks; and
WHEREAS, the AHAC board composition requires one locally elected official from
each municipality participating in the SHIP program, effective October 1, 2020; and
Temp. Reso. No. 13710
December 8, 2021
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WHEREAS, HB 1339 requires the AHAC to meet annually, produce an annual report
and the locally elected official or a locally elected designee must attend the biannual,
regional workshop; and
WHEREAS, on September 23, 2020, the City Commission approved Resolution R-
2020-090, appointing Commissioner Marlon Bolton as the local elected official to serve on
the AHAC; and
WHEREAS, the members of the Affordable Housing Advisory Committee convened
a public meeting on January 14, 2021 to review the eleven (11) incentive strategies as
detailed by Section 420.9076(4) Florida State Statute; and
WHEREAS, the Affordable Housing Advisory Committee was educated by staff as
to the City's established policies, procedures, ordinances, land development regulations and
the City's adopted Comprehensive Plan relative to affordable housing programs and
direction; and
WHEREAS, the Affordable Housing Advisory Committee is comprised of technical
and professional members of varying backgrounds who used their collective knowledge and
expertise while considering recommendations for incentives; and
WHEREAS, the Affordable Housing Advisory Committee discussed the eleven (11)
incentive strategies outlined in Section 420.9076(4) Florida Statutes and compiled a report
attached hereto and incorporated herein as Exhibit "A", which includes recommended
incentive strategies to be implemented in furtherance of affordable housing for review and
acceptance by the City Commission; and
Temp. Reso. No. 13710
December 8, 2021
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WHEREAS, it is the recommendation of the Director of Community Development that
the City Commission receive and accept the report and its recommendations prepared by
the Affordable Housing Advisory Committee.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this Resolution.
Section 2. The City Commission receives and adopts the Affordable Housing
Incentive Strategies Review and Recommendation Report, attached hereto as "Exhibit A",
as prepared by the Affordable Housing Advisory Committee.
Section 3. All resolutions or parts of resolutions in conflict herewith be, and the
same are hereby repealed to the extent of such conflict.
Section 4. If any clause, section, other part or application of this Resolution is held
by any court of competent jurisdiction to be unconstitutional or invalid, in part or application,
it shall not affect the validity of the remaining portions or applications of this Resolution.
Section 5. This Resolution shall become effective immediately upon its passage
and adoption.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
Temp. Reso. No. 13710
December 8, 2021
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PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA THIS DAY OF DECEMBER, 2021.
Michelle J. Gomez
MAYOR
ATTEST:
Fnnifer e has MC
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1: COMM. BOLTON
DIST 2: V/M GELIN ,�✓
DIST 3: COMM. VILLALOBOS
DIST 4: COMM. PLACKO��
I HEREBY CERTIFY that I have
approved this RESOLUTION
as to form.
n
CITY ATTORNEY
The ClityFor'Your Life
CITY OF TAMARAC
STATE HOUSING INITIATIVE PARTNERSHIP
(SHIP)
AFFORDABLE HOUSING INCENTIVE
STRATEGIES REVIEW AND
RECOMMENDATION REPORT
Prepared by:
City of Tamarac
Community Development Department
Housing Division
7525 NW 88t" Avenue Room 206
Tamarac, FL 33321
City of Tamarac <'^
Affordable Housing Advisory Committee
Housing Incentive Strategies Review and Recommendation Report
For Local Housing Assistance Plan (LHAP) 2019/20-2021/2022
Committee Members
Ms. Susan Evans, Chair
Ms. Adamma Ducile
Ms. Robin Holley
Ms. Marie De La Rosa
Ms. Marilyn Gallington
Mr. Carlton Harris
Ms. Dawn Williams -Bobo
Mr. David Mohabir
Commissioner Marlon Bolton
City Staff
Carolyn Francis -Royer, Housing and Community Development Manager
Nichola Lewis, Housing and Community Development Coordinator II
Collette Tibby, Administrative Coordinator
Cassy Gustave, Office Coordinator
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City of Tamarac
Affordable Housing Advisory Committee
Housing Incentive Strategies Review and Recommendation Report
For Local Housing Assistance Plan (LHAP) 2019/20-2021/2022
Background
In 2007, the Florida Legislature passed House Bill 1375, mandating that the Florida
Housing Finance Corporation (FHFC) require each local municipality and county
receiving State Housing Initiatives Partnership (SHIP) funds to establish an Affordable
Housing Advisory Committee (AHAC). The Mayor and City Commission of the City of
Tamarac approved Ordinance No.-2008-04 on March 12, 2008 establishing the
Affordable Housing Advisory Committee. On October 24, 2012 the City Commission
authorized a partial waiver of the appointment process specified in Chapter II, Article III
(Section 2-58) of the City of Tamarac Code of Ordinances via Resolution No. 2012--117.
This partial waiver allowed for the solicitation of committee members to meet the
composition criteria required by the State. New members to the Affordable Housing
Advisory Committee were appointed by the City Commission on July 13, 2016 by
Resolution No. R2016-69 (Exhibit 1).
Florida State Statute 420.9076 outlines the duties and committee composition of the
Affordable Housing Advisory Committee. The intent and primary purpose of the AHAC is
to advise and make recommendations to the City Commission on the matters related to
monetary and non -monetary housing incentive strategies for the Local Housing Action
Plan and to review existing incentive strategy recommendations, evaluate established
policies, procedures, ordinances, land development regulations, and the local
government Comprehensive Plan.
The AHAC must consist of at least 8 but not more than 11 members with a specified term
from at least 6 of the following disciplines:
a. A citizen who is actively engaged in the residential home building industry in connection
with affordable housing.
b. A citizen who is actively engaged in the banking or mortgage banking industry in
connection with affordable housing.
c. A citizen who is who is a representative of those areas of labor engaged in home
building in connection with affordable housing.
d. A citizen who is actively engaged as an advocate for low-income persons in connection
with affordable housing.
e. A citizen who is actively engaged as a for- profit provider of affordable housing.
f. A citizen who is actively engaged as a not -for -profit provider of affordable housing
g. A citizen who is actively engaged as a real estate professional in connection with
affordable housing
h. A citizen who actively serves on the local planning agency.
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i. A citizen who resides within the jurisdiction of the local governing making the
appointments.
j. A citizen who represents employers within the jurisdiction.
k. A citizen who represents essential services personnel as defined in the local housing
assistance plan.
Should the City Commission accept the recommendations of the 2021 AHAC, the City's
Local Housing Assistance Plan (LHAP) for the period FY2022/23 through FY2024/25
must be amended to incorporate any additional incentives.
II. Public Hearing:
A public meeting of the AHAC was convened virtually on January 14, 2021 at 2:04 pm
using communication media technology (CMT).
A second public meeting of the AHAC was scheduled for November 3, 2021, but it was
subsequently cancelled due to failure to establish quorum.
A public hearing was held before the City Commission on December 8, 2021 in the City
Commission Chambers.
The following is a summary of the Public comments received:
Name of Commenter Comments
None None
III. Incentives & Recommendations
Most incentive strategies are considered at the Planning/Development Review stage at
both the City and County level on a case by case basis by development projects.
Implementation of all eleven incentive strategies is not likely, however, all eleven were
and will continue to be reviewed for consideration.
Currently the City of Tamarac has four (4) incentives in place as part of the FY22/23-
24/25 Local Housing Assistance Plan:
1. The processing of approvals of development orders or permits, as defined in s.
163.3164(7) and (8), for affordable housing projects is expedited to a greater
degree than other projects.
2. The allowance of flexible lot configurations, including zero -lot -line configurations
for affordable housing.
3. The establishment of a process by which a local government considers, before
adoption, policies, procedures, ordinances, regulations, or plan provisions that
increase the cost of housing.
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The support of development near transportation hubs and major employment
centers and mixed -use developments.
The Affordable Housing Advisory Committee met January 14, 2021 to discuss, review
and make recommendations on the eleven incentive strategies. The AHAC supports the
continuation of the currents incentive strategies and agree to discus the remaining
strategies at future meetings as the development market conditions and situations may
change.
The eleven incentive strategies discussed are as follows:
(a) The processing of approvals of development orders or permits, as defined in s.
163.3177(6)(03, for affordable housing projects is expedited to a greater degree
than other projects.
(b) The modification of impact -fee requirements, including reduction or waiver of fees
and alternative methods of fee payment for affordable housing.
(c) The allowance of flexibility in densities for affordable housing.
(d) The reservation of infrastructure capacity for housing for very -low-income persons,
low-income persons, and moderate -income persons.
(e) The allowance of affordable accessory residential units in residential zoning
districts.
(f) The reduction of parking and setback requirements for affordable housing.
(g) The allowance of flexible lot configurations, including zero -lot -line configurations
for affordable housing.
(h) The modification of street requirements for affordable housing.
(i) The establishment of a process by which a local government considers, before
adoption, policies, procedures, ordinances, regulations, or plan provisions that
increase the cost of housing.
Q) The preparation of a printed inventory of locally owned public lands suitable for
affordable housing.
(k) The support of development near transportation hubs and major employment
centers and mixed -use developments.
The following recommendations are being made for consideration by the City
Commission.
A) Incentive: The processing of approvals of development orders or permits, as
defined in s. 163.3177(6)(f)3, for affordable housing projects is expedited to a
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greater degree than other projects in an effort to streamline the permitting
process, and minimize costs and delays for affordable housing projects.
Review Synopsis: This is one of the two required incentives. This incentive
was reviewed by previous AHAC committees and adopted as apart of prior
LHAPs for the City of Tamarac. Currently, projects deemed as Affordable
Housing are identified by developers to the Building Department. In addition to
assigning a Building staff member to serve as liaison to all affordable housing
projects, the projects are denoted as such in the electronic permit processing
system allowing for an expedited permitting process.
The Building Department also expedites permits that pertain to projects for all
developers/contractors doing work under the City's Affordable Housing
programs like home rehabilitation and disaster mitigation. All permits requested
as initiated under these programs are identified at the application process,
stamped with an "Expedited" stamp, and forwarded to a dedicated person to
be sure the process is expedited. Housing staff also notifies the designated
staff member in the Building Department when a contract or agreement under
the affordable housing program has been made, to include the address,
contractor and scope of work so that the Building Department may be able to
flag this property up -front further expediting the permit review process. This
strategy is functioning as intended.
Recommendation: Continue this incentive strategy using current policies and
procedures.
City Commission Action Requested: Acceptance of AHAC recommendation
to continue this incentive strategy using current policies and procedures.
B) Incentive: The modification of impact -fee requirements, including reduction or
waiver of fees and alternative methods of fee payment for affordable housing.
Review Synopsis: The City of Tamarac does not currently waive impact fees
at the City level for developers of affordable housing. However, the City
created a provision in Article XI, Public Art Program, Section 5-304 of the City
Code to exclude "Affordable housing construction, remodel, repair or
reconstruction projects" from paying the Public Art fee which is 1 % of
construction value of improvements to real property as is charged to all other
projects.
Recommendation: Due to the loss of revenue for waiver of impact fees, and
the current exceptions to the Public Art fee, the 2021 AHAC has no
recommendations for reduction of impact fees other than those eligible at the
County or School City Commission level should the developer choose to
explore.
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City Commission Action Requested: None required at this time.
C) Incentive: The allowance of flexibility in densities for affordable housing.
Review Synopsis: In 2005 the City modified its Code by adding a new zoning
district called MXD (Mixed Use). Section 24-539, Development Intensity,
allows a greater residential density through the use of flexibility and reserve
units within areas zoned MXD. Currently the portion of the City east of N.W.
94th Avenue and west of University Drive on the north side of Commercial
Boulevard has been rezoned to the MXD zoning district.
After discussions with the Community Development Department, it should be
noted that the City is residentially built out and no vacant residential land
remains for development. On July 11, 2018, through Ordinance 2018-09, the
City of Tamarac adopted a new land development code which removed
allowances of flexibilities in densities for affordable housing with the intent to
implement a development impact fee to assist first-time homebuyers in
purchasing their home.
Recommendation: The adoption of this incentive strategy is not
recommended.
City Commission Action Requested: None required at this time
D) Incentive: The reservation of infrastructure capacity for housing for very -low-
income persons, low-income persons, and moderate -income persons.
Review Synopsis: This incentive is not considered by the City due to the fact
that there is no excess capacity for reservation of infrastructure. Developers
pay a set fee and may be assessed monthly fee if individual accounts are not
activated after a certain amount of time. City staff does not recommend the
adoption of this strategy.
Recommendation: The adoption of this incentive strategy is not
recommended.
City Commission Action Requested: None required at this time.
E) Incentive: The allowance of affordable accessory residential units in
residential zoning districts.
Review Synopsis: Section 24-803 (d) of the City Code states that "Structures
accessory to the use of one (1) family may be erected provided such accessory
buildings are clearly incidental to the main building, and do not accommodate
an additional family. Accessory structures shall receive all required permits
from the city prior to construction." Due to the fact that this incentive would be
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in direct conflict of the current City Ordinance, City staff does not recommend
the adoption of this strategy.
Recommendation: The adoption of this incentive strategy is not
recommended.
City Commission Action Requested: None required at this time.
F) Incentive: The reduction of parking and setback requirements for affordable
housing.
Review Synopsis: In the City of Tamarac, regulations that regulate required
setbacks and required parking are vital to the proper development and
function of any given site and are at best, flexible on a case -by -case basis
only. Reductions in required parking are only approved through extensive
review by an outside traffic/parking consultant to validate the reduction in
required parking. The City amended its parking ordinance in October 2011
and significantly reduced parking requirements city-wide for most commercial
uses. Within the next year, additional code amendments will be proposed
that may modify building setbacks mostly in the commercial areas of the City
as a result of the current redevelopment study that is being developed by an
outside planning consultant.
Parking has been a concern mainly in older residential communities where the
original composition of the residents was senior, one -car families. Since the
City's demographics have started changing to a younger community, additional
vehicles have caused safety concerns for residents'. The City of Tamarac and
Broward Sheriff's Office have prepared a "positioning statement" on the issue
and continue educating the public as to safe parking practices. With the
preparation of the "positioning statement" and the topic regularly and freely
discussed with residents during the City's Neighborhood Meetings and HOA
meetings, this topic has been addresses sufficiently by City staff. City staff
does not recommend the adoption of this strategy.
Recommendation: The adoption of this incentive strategy is not
recommended.
City Commission Action Requested: None required at this time.
G) Incentive: The allowance of flexible lot configurations, including zero lot line
configurations for affordable housing.
Review Synopsis: The City currently allows for zero -lot line configuration on
affordable housing projects as implemented by previous AHACs. City staff
recommends the continued implementation of this strategy.
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Recommendation: Continue this incentive strategy using current policies and
procedures.
City Commission Action Requested: Acceptance of AHAC recommendation
to continue this incentive strategy using current policies and procedures.
H) Incentive: The modification of street requirements for affordable housing.
Review Synopsis: This City does not have any incentives with regard to street
requirements. Streets are engineering in nature and the regulations that govern
their requirement are vital to the proper development and function of any given
site and are at best, flexible on a case -by -case basis only. Any modification
requests would be reviewed at the site plan review process. City staff does not
recommend the adoption of this strategy.
Recommendation: The adoption of this incentive strategy is not
recommended.
City Commission Action Requested: None required at this time.
1) Incentive: The establishment of a process by which a local government
considers, before adoption, policies, procedures, ordinances, regulations, or
plan provisions that increase the cost of housing.
Review Synopsis: This is one of the two required incentives. This incentive is
currently in practice by the City of Tamarac. The Planning Board, City
Commission as well as the AHAC provide a process by which the City
considers, before adoption, policies, procedures, ordinances, regulations, or
plan provisions that increase the cost of housing. Additionally, the Housing
Division, responsible for the affordable housing programs within the City, has
an on -going review process of its internal policies and procedures. Several
improvements to the quality of the applications, as well as the application
approval process, have been made to ensure the City is meeting its grant
requirements, protecting the residents, and improving efficiency for better use
of staff, resources and funding. The AHAC will meet on an as needed basis to
review before adoption, policies, procedures, ordinances, regulations, or plan
provisions that increase the cost of housing. City staff stated that this strategy
is functioning as intended.
Recommendation: Continue this incentive strategy using current policies and
procedures.
City Commission Action Requested: Acceptance of AHAC recommendation
to continue this incentive strategy using current policies and procedures.
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J) Incentive: The preparation of a printed inventory of locally owned public lands
suitable for affordable housing.
Review Synopsis: The City has assessed its inventory of publicly owned
land and a determination was made that the City does not currently own land
that is suitable for use as affordable housing. City staff recommends that
should the City purchase residential land in the future, it will maintain a
current list showing locations and zoning. This list may benefit developers
who wish to partner with the City or purchase property for development of
affordable housing. City staff does not recommend does not recommend the
adoption of this strategy.
Recommendation: The adoption of this incentive strategy is not recommended.
City Commission Action Requested: None required at this time.
K) Incentive: The support of development near transportation hubs, major
employment centers and mixed -use developments.
Review Synopsis: This incentive is currently in practice by the City of Tamarac.
The Planning and Zoning Division currently facilities the process for new
developments to maximize use of public transportation options. In addition, the
new Land Development Regulations will support and encourage development near
transportation hubs, major employment centers and mixed -use developments. In
fact, several focus areas within the city are slated to be rezoned "mixed use" in
order to encourage and facilitate a multi -model community, maximizing the use of
public transportation. City staff recommends a formal adoption of this strategy.
Recommendation: The AHAC recommends that this this incentive strategy is
added to the existing list of affordable housing incentive strategies.
City Commission Action Requested: Acceptance of AHAC recommendation
and amend the LHAP to include this strategy.
III. Results:
After careful consideration and in-depth conversations regarding the above eleven
incentive items, the 2021Affordable Housing Advisory Committee has elected to
maintain support for the existing four incentive strategies already adopted in 2019.
The AHAC is committed to its purpose and will continue to work cohesively and
provide the residents of Tamarac with best practices in supporting affordable
housing needs.
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The Affordable Housing Advisory Committee requests the City of Tamarac City
Commission support the following four incentives under the State Housing Initiative
Program (SHIP) and approve the recommendations described above:
• Incentive: The processing of approvals of development orders or
permits, as defined in s. 163.3164(7) and (8), for affordable housing
projects is expedited to a greater degree than other projects.
• Incentive: The allowance of flexible lot configurations, including zero lot
line configurations for affordable housing.
• Incentive: The establishment of a process by which a local government
considers, before adoption, policies, procedures, ordinances,
regulations, or plan provisions that increase the cost of housing.
• Incentive: The support of development near transportation hubs, major
employment centers and mixed -use developments.
IV. Additional Recommendations:
No additional recommendations were made by the 2021 AHAC
V. Board/Council Consideration:
The Affordable Housing Advisory Committee approved the above incentive
strategy recommendations by consensus of membership at a public meeting that
was convened virtually on January 14, 2021 using CMT.
The AHAC Affordable Housing Incentive Report recommendations was
submitted to the M a y or and City Commission on December 8, 2021 for
acceptance by Resolution #13710 at their Regular meeting.
VI. Attachments:
AHAC Membership Adopting Resolution
Public Hearing Advertisement
Resolution to adopt Incentives or Board action
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