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HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-139Temp. Reso. No. 14048 December 13, 2023 Page 1 of 4 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 Page 2 of 4 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 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 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 Page 4 of 4 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 Page 1 2 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. 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 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. 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 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. 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 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. 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. 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 Page 1 7 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. Page 1 8 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. Page 19 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: Page 1 10 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. Page 1 11 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 Page 1 12