HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-139Temp. Reso. No. 14048
December 13, 2023
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2023- 13
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 SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
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
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; and
WHEREAS, the AHAC board composition requires one locally elected official
from each municipality participating in the State Housing Initiatives Partnership (SHIP)
program, effective October 1, 2020; and
Temp. Reso. No. 14048
December 13, 2023
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WHEREAS, on May 10, 2023, the City Commission approved Resolution R-2023-
056, appointing Commissioner Elvin Villalobos as the local elected official to serve on the
current AHAC; and
WHEREAS, the members of the Affordable Housing Advisory Committee convened
public meetings on July 11, 2023 and October 3, 2023 to review the eleven (11) incentive
strategies as detailed by Section 420.9076(4) Florida State Statute and discussed other
relevant policies impacting affordable housing; 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
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.
Temp. Reso. No. 14048
December 13, 2023
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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
upon adoption hereof and all exhibits referenced and attached hereto are incorporated
herein and made a specific part of this resolution.
Section 2. That the appropriate City Official is hereby authorized to transmit the
City Commission adopted Affordable Housing Incentive Strategies Review and
Recommendation Report, attached hereto as "Exhibit A", as prepared by the Affordable
Housing Advisory Committee 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. 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.
"The remainder of this page is left blank intentionally"
Temp. Reso. No. 14048
December 13, 2023
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PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA THIS �3 DAYOF 3
ATTEST:
/X t , rW
KIMBERLY DON, CMC
CITY CLERK
MICR LLE J. GOMEZ
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ JU,S
DIST 1:
V/M BOLTON AICA_
DIST 2:
COMM. WRIGHT j_
DIST 3:
COMM. VILLALOBOS -S63—
DIST 4:
COMM. DANIEL �40
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND
RELIANCE OF THIS CITY OF TAMARAC ONLY.
HA OTTINO-P
CITY ATTORNEY
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 881" Avenue Room 206
Tamarac, FL 33321
City of Tamarac
Affordable Housing Advisory Committee
Housing Incentive Strategies Review and Recommendation Report
Ms. Susan Evans, Chair
Ms. Adamma Ducile
Ms. Robin Holley
Ms. Marie De La Rosa
Ms. Marilyn Gallington
Committee Members
Ms. Cynthia Reynoso
Mr. Carlton Harris
Ms. Dawn Williams -Bobo
Mr. David Mohabir
Commissioner Elvin Villalobos
City Staff
Maxine Calloway, AICP, Assistant City Manager
Pamala Ryan, City Attorney's Office
Carolyn Francis -Royer, Housing and Community Development Manager
Nichola Lewis, Housing and Community Development Coordinator II
Shekevia Smith, Housing and Community Development Coordinator
Collette Tibby, Administrative Coordinator
Michael Givens, 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) 2022/23-2024/2025
I. 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.
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
Assistance Plan and to review existing incentive strategy recommendations, evaluate
established policies, procedures, ordinances, land development regulations, and the local
government Comprehensive Plan.
Florida Statutes, Sec. 420.9076(2) lists the categories from which committee members
must be selected. Additionally, each AHAC must have a locally elected official from the
municipality participating in the State Housing Initiative Program (SHIP) program. 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 2023 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 July 11, 2023 at 3:39pm in the City
Commission Chambers. A public hearing was held.
Another public meeting of the AHAC convened on October V, 2023 at 3:42pm 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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4. The support of development near transportation hubs and major employment
centers and mixed -use developments.
The Affordable Housing Advisory Committee met on July 11th and October 3, 2023 to
discuss, review and make recommendations on the eleven incentive strategies. The
AHAC supports the continuation of the currents incentive strategies and requests
additional research on the remaining strategies for discussion at the next meeting.
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.
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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
2023 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.
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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. 94th 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. This incentive is relevant in rural areas where
major infrastructure development is needed to support development of
affordable housing. 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.
AHAC members wanted more information on ADUs in a more commercial
capacity, such as temporary rentals. There are no known ADUs in the city since
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2018. However, local governments are prevented from prohibiting Airbnb or
vacation rentals. But the city does have a vacation rental registration program,
where property owners would have to register their vacation rental and adhere
to certain requirements such as making sure whoever is renting is aware of the
trash pickup schedule and parking regulations, etc. This is done to maintain the
character of that neighborhood.
Recommendation: More research is requested on ADUs.
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.
Parking has been a concern mainly in older residential communities where the
original composition of the residents were senior, one -car families. Since the
City's demographics have changed to a younger community, additional
vehicles have caused safety concerns for residents. As the city grows younger
and the need for more affordable units increases, 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.
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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 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.
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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.
Recommendation: City staff is asked to provide a list of city -owned land,
regardless of zoning designation, prior to AHAC meetings.
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: 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: 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.
III. Results:
After careful consideration and in-depth conversations regarding the above eleven
incentive strategies, the 2023 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 (4) incentives under the State Housing
Initiative Program (SHIP) and approve the recommendations described above:
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1. 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.
2. Incentive: The allowance of flexible lot configurations, including zero lot
line configurations for affordable housing.
3. 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.
4. Incentive: The support of development near transportation hubs, major
employment centers and mixed -use developments.
IV. Additional Recommendations:
At the October 3rd meeting, staff presented a draft of the Inclusionary Housing
Policy and solicited feedback. This policy furthers the goal of providing affordable
housing for all city residents by offering incentives aimed at encouraging
developers to build affordable units. The purpose and intent are to facilitate
development that contributes to and ensures an adequate supply of affordable
housing inventory.
The AHAC members expressed their support for the Inclusionary Housing Policy.
The consensus is that the city should implement this policy to ensure an adequate
supply of affordable housing units, especially as the city continues to grow. They
also expressed that while it is prudent to increase adequate supply of affordable
units, they are interested in knowing more about immediate actions that can offer
support or relief with insurance, and HOA and condo association assessments that
are impacting affordability now. Unfortunately, both insurance and HOA and condo
assessments are not under the city's authority. Instead, they are regulated by the
state. The city's efforts through its affordable housing program strategies, such as
purchase assistance and minor home repair, are designed to ease the overall
housing cost burden, although certain elements of housing are controlled by
market forces and not the city.
After a comprehensive discussion, the AHAC would like to make a favorable
recommendation to the City Commission to adopt the Inclusionary Housing Policy.
V. Board/Council Consideration:
The Affordable Housing Advisory Committee approved the above incentive
strategy recommendations by consensus of membership at its July 11th, 2023 and
October 3rd, 2023 public meetings.
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The AHAC Affordable Housing Incentive Report was submitted to and adopted
by the City Commission at its December 13, 2023 meeting via Resolution
TR#14048.
VI. Attachments:
Public Hearing Advertisement
Resolution to adopt Incentives/Board action
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