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HomeMy WebLinkAboutCity of Tamarac Resolution R-2022-139 Adopting the Affordable Housing Incentive Strategies of the AHACTemp. Reso. No. 13870 December 14, 2022 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2022- Gj 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 "A" TO THE FLORIDA HOUSING FINANCE CORPORATION IN ACCORDANCE WITH SECTION 420.9076 (4) FLORIDA STATUTES; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER ERRORS PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes provide that municipalities shall have the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal service, and exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Article IV, Section 4.07 of the City Charter of the City of Tamarac ("City") empowers the City to adopt, amend, or repeal such ordinances and resolutions as may be required for the proper governing of the City; and WHEREAS, Section 420.9076(4), Florida Statutes requires that each Affordable Housing Advisory Committee perform an annual 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 140543025.1 Temp. Reso. No. 13870 December 14, 2022 Page 2 of 4 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, authorizing the appointment of members to the City's Affordable Housing Advisory Committee ("AHAC"); and WHEREAS, the AHAC composition requires one locally elected official from each municipality participating in the SHIP program, effective October 1, 2020; 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 AHAC convened a public meeting on October 25, 2022, to review the eleven (11) incentive strategies as detailed by Section 420.9076(4) Florida Statute; and WHEREAS, the AHAC discussed the eleven (11) incentive strategies outlined in Section 420.9076(4), Florida Statutes and compiled a report attached 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 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 and authorize the forwarding of the report to the Florida Housing Finance Corporation. 140543025.1 Temp. Reso. No. 13870 December 14, 2022 Page 3 of 4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: Section 1. The foregoing whereas clauses are true and correct and hereby adopted as the legislative and administrative findings of the City Commission and made a specific part of this Resolution; all exhibits attached hereto are incorporated herein and made a specific part of this Resolution. Section 2. The City Commission approves and accepts the Affordable Housing Incentive Strategies Review and Recommendation Report, attached hereto as "Exhibit A", and authorizes the appropriate City officials to transmit the Report to the Florida Housing Finance Corporation. 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. Any scrivener or typographical errors that do not affect intent of this Resolution may be corrected with notice to and authorization of the City Attorney and City Manager without further process. Section 5. 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 6. This Resolution shall become effective immediately upon its passage and adoption. 140543025.1 Temp. Reso. No. 13870 December 14, 2022 Page 4 of 4 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS 14" DAY OF DECEMBER 2022. ATTEST: C�W&Lu QhlG KIMBERLY DILLON, CMC CITY CLERK glati�&�61 "I, MICR LLE J. GOM MAYOR RECORD OF COMMISSION VOTE MAYOR GOMEZ 1;5S DIST 1: COMM. BOLTON DIST 2: COMM. WRIGHT DES DIST 3: COMM. VILLALOBOS DIST 4: COMM. DANIEL ,1G APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE OF THE CITY OF TAMARAC ONLY. JOqNT. HEiRIN, \�R CITY ATTORNEY \ 140543025.1 TAMARAC The City For 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 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 Page 1 2 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. Page 1 3 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 2022 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 convened on October 25, 2022 at 3:36pm in the City Commission Chambers. A public hearing was held. A second public hearing was held before the City Commission on December 14, 2022 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. Page 14 4. The support of development near transportation hubs and major employment centers and mixed -use developments. The Affordable Housing Advisory Committee met on October 25, 2022 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)(f)3, 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. (j) 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 greater degree than other projects in an effort to streamline the permitting process, and minimize costs and delays for affordable housing projects. Page 1 5 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, that excludes "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: Other than the current exceptions to the Public Art fee, the 2022 AHAC has no recommendations for reduction of impact fees other than those eligible at the County, School Board or City Commission level should the developer choose to explore. City Commission Action Requested: None required at this time. C) Incentive: The allowance of flexibility in densities for affordable housing. Page 1 6 Review Synopsis: In 2005 the City modified its Code by adding a new zoning district called MXD (Mixed Use). 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. 9411 Avenue and west of University Drive on the north side of Commercial Boulevard has been rezoned to the MXD zoning district. 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. After this year's discussion, the AHAC directed staff to do more research. Recommendation: Staff is directed to explore options that would make this incentive possible for the city and attractive for the developers. 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 because 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 at this time. City Commission Action Requested: None required at this time. E) Incentive: The allowance of affordable accessory residential units in residential zoning districts. Review Synopsis: As of 2018, the land building code allows, to some degree, the use of Accessory Dwelling Units (ADU) on a residential property providing that they meet the setbacks and lot coverage provisions in addition to all of the other zoning provisions for that particular parcel of property. Exploring the use of ADUs in a more commercial nature, such as renting them out, may be prudent. Page 17 Recommendation: Additional information is requested on the number of ADUs in the city since 2018. 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. As the city grows younger and the need for more affordable units increase, this incentive could help to facilitate denser development and encourage developers to want to create affordable units. Recommendation: Additional information is requested for further consideration. 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. 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. Page 1 8 H) Incentive: The modification of street requirements for affordable housing. Review Synopsis: This City does not have any incentives regarding 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. 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 Page 19 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. Recommendation: City staff is asked to provide a list of city -owned land, regardless of zoning designation, prior to the next AHAC meeting. 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 2022 Affordable Housing Advisory Committee has elected to maintain support for the existing four incentive strategies previously adopted. 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. 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. Page 1 10 • 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 2022 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 held on October 25, 2022 in the City Commission Chambers. The AHAC Affordable Housing Incentive Report recommendations was submitted to the Mayor and City Commission on December 14, 2022 for acceptance by Resolution #13870 at their Regular meeting. VI. Attachments: Public Hearing Advertisement Resolution to adopt Incentives or Board action Page 1 11