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HomeMy WebLinkAboutCity of Tamarac Resolution R-2019-050 Temp. Reso. No. 13299 June 14, 2019 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2019- 30 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 AND AUTHORIZING THE TRANSMITTAL OF THE RECOMMENDATIONS IN A TRIENNIAL REPORT ATTACHED HERETO AS EXHIBIT "A" TO THE FLORIDA HOUSING FINANCE CORPORATION IN ACCORDANCE WITH SECTION 492.9076 (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 October 24, 2018 the City of Tamarac (hereinafter referred to as the "City"), pursuant to State Housing Initiatives Partnership Act ("Act"), adopted Resolution No. 2018-133, thereby appointing members to the City's Affordable Housing Advisory Committee; and WHEREAS, the members of the Affordable Housing Advisory Committee convened a public meeting on October 1, 2018 to review the eleven (11) incentive strategies as detailed by Section 420.9076(4) Florida State Statute; and Temp. Reso. No. 13299 June 14, 2019 Page 2 of 4 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. 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. Temp. Reso. No. 13299 June 14, 2019 Page 3 of 4 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. 13299 June 14, 2019 Page 4 of 4 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS DAY OF June, 2019. CITY OF TAMARAC, FLORIDA /(kZ(L_ / MICHELLE J. GOMEZ, MAYOR M. GOMEZ C ATTEST: M. BOLTON -1 M. GELIN J. FISHMAN a,l/V1.1-JF D. PLACKO 111 PATRICIA A. TEUFE CITY CLERK I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM: )44/ , (/)51/W' SAMUEL S. GO EN CITY ATTORNEY TA C Thee' e 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 88th 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. Sandra Bernard-Bastien, Vice Chair Ms. Robin Holley Ms. Marie De La Rosa Ms. Marilyn Gallington Ms. Pamela LeMelle Gray Mr. Carlton Harris Ms. Dawn Williams-Bobo City Staff Carolyn Francis-Royer, Housing and Community Development Manager Mike Cirullo, City Attorney Page 12 City of Tamarac Affordable Housing Advisory Committee Housing Incentive Strategies Review and Recommendation Report For Local Housing Assistance Plan (LHAP) 2019/20-2021/2022 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. 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) and again on October 24, 2018 by Resolution No. R2018-133 (Exhibit 2). 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 I3 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 CityCommission accept the recommendations of the 2018 AHAC, the City's PtY Local Housing Assistance Plan (LHAP) for the period FY2019/20 through FY2021/22 must be amended to incorporate the additional incentives. II. Public Hearing: A Public Meeting before the Affordable Housing Advisory Committee was convened on September 19, 2018 at 9:00 am at City Hall. A Public Meeting before the Affordable Housing Advisory Committee was convened on October 1, 2018 at 9:00 am in the City Commission Chambers. A Public Hearing was held before the City Commission on June 26, 2019 at 9:00am in the City Commission Chambers. The following is a summary of the Public comments received: Name of Commenter Comments Ill. 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 FY19/20- 21/22 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 The Support of development near transportation hubs and major employment centers and mixed-use developments. The Affordable Housing Advisory Committee met during the months of September/October 2018 to discuss, review and make recommendations on the eleven incentive strategies. 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 15 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 2018 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. Page 16 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 redevelopment units/acreage within areas zoned MXD. Currently the portion of the City east of N.W. 94t 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: While Section 10-304(D) of the City Code states that "An accessory dwelling unit shall be permitted as accessory to, and on the same lot as, a single-family detached dwelling unit, duplex dwelling unit, or a live/work dwelling", it does not require that the accessory residential unit be affordable. Although the newly added language to the Code is a step in the Page 17 right direction, it does not go as far as to require that the accessory units be affordable. Due to the fact that this incentive would require the accessory units to be affordable, and the Code does not, City staff cannot recommend the adoption of this strategy, as it would not meet the intent of the Statute. 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 July, 2018 and significantly reduced parking requirements city-wide for most uses, consistent with industry standards. 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 to educate 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 addressed 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. Recommendation: Continue this incentive strategy using current policies and procedures. Page 18 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. I) 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. Page 9 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 supports and encourages 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 2018 Affordable Housing Advisory Committee has elected to maintain and carry over the same four (4) incentive options to the City's Local Housing Assistance Plan. 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. Page 110 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 2018 AHAC V. Board/Council Consideration: The Affordable Housing Advisory Committee approved the above incentive strategy recommendations by an affirmative vote of the majority of membership at a public hearing that was convened on October 1, 2018, at City Commission Chambers located at 7525 NW 88th Ave, Tamarac, FL 33321 The Affordable Housing Advisory Committee Affordable Housing Incentive Report recommendations was submitted to the Mayor and City Commission on June 26, 2019 for acceptance by Resolution #13299 at their Regular meeting. VI. Attachments: AHAC Membership Adopting Resolution Public Hearing Advertisement Resolution to adopt Incentives or Board action Page 111