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HomeMy WebLinkAboutCity of Tamarac Resolution R-2012-146Temp. Reso. # 12281 Page 1 of 4 November 20, 2012 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R2012- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, TO RECEIVE THE RECOMMENDATIONS ON THE AFFORDABLE HOUSING INCENTIVES REPORT PREPARED AND PRESENTED BY THE AFFORDABLE HOUSING ADVISORY COMMITTEE WHICH HAVING DELIVERED ITS REPORT WILL CONTINUE REVIEWING INCENTIVE STRATEGIES AND FINALIZE RECOMMENDATIONS FULFILLING ITS ONGOING RESPONSIBILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 24, 2012 the City of Tamarac (hereinafter referred to as the "City"), pursuant to State Housing Initiatives Partnership Act ("Act"), adopted Resolution No. 2012-118, thereby appointing members to the City's Affordable Housing Advisory Committee; and WHEREAS, the members of the Affordable Housing Advisory Committee met during November to review the eleven (11) topics as detailed by the state statute; and WHEREAS, the Affordable Housing Advisory Committee was educated by staff as to the City's affordable housing plan, programs and direction; and Page 1 of 4 Temp. Reso. # 12281 Page 2 of 4 November 20, 2012 WHEREAS, the Affordable Housing Advisory Committee was comprised of technical and professional members of realty, banking, construction, and mortgage fields who used their collective knowledge and expertise while considering recommendations for incentives; and WHEREAS, the Affordable Housing Advisory Committee had the responsibility to present the incentive recommendations to the local governing body as a requirement of the State Housing Initiatives Partnership (SHIP) Grant; and WHEREAS, the Affordable Housing Advisory Committee has discussed the eleven (11) incentives, options for recommendations and future matters and, a report has been compiled for review and acceptance by the City Commission; and WHEREAS, it is the recommendation of the Community Development Director 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: Page 2 of 4 Te m p. Reso. # 12281 Page 3 of 4 November 20, 2012 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made 'a specific part of this Resolution. Section 2. The City Commission received the Incentive Recommendations of Affordable Housing Report, attached as "Exhibit A", as prepared by the Affordable Housing Advisory Committee. Section 3. All resolutions or parts of resolutions on 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 passage and adoption. Page 3 of 4 immediately upon its Temp. Reso. # 12281 Page 4 of 4 November 20, 2012 PASSED AND ADOPTED BY THE CITY CO MISSION OF THE CITY OF TAMARAC, FLORIDA THIS /,,Z_ DAY OF , 2012. ATTEST: r t m I HEREBY CERTIFY that I Have approved this RESOLUTION as to form i�`)z`1ti SAMUELS. GON CITY ATTORNEY CITY OF TA BETH TALABISCO, B. TALABISCO M. GOMEZ P. BUSHNELL D. GLASSER H. DRESSLER Page 4 of 4 IDA CITY OF TAMARAC State Housing Initiative Partnership (SHIP) Affordable Housing Advisory Committee (AHAC) Incentive Strategies Review Report Presented to the Mayor and City Commission December 12, 2012 State Housing Initiative Partnership Affordable Housing Advisory Committee (AHAC) Committee Members City Staff Mr. Craig Vanderlaan, Chair Ms. Alyssa Arnell Ms. Robin Holley Ms. Marilyn Gallington Ms. Kathryn Haynes Ms. Pamela LeMelle-Gray Ms. Susan Evans Ms. Marcia Oban Mr. Pablo Rendon Ms. Marcia Soas-Bucknor Ms. Dawn Williams -Bobo Lt. Fred Wood Ms. Angela Bauldree Housing and Neighborhood Programs Manager Community Development Department Jennifer K. Bramley Director State Housing Initiative Partnership Affordable Housing Advisory Committee (AHAC) 2012 Incentive Review and Recommendation Report December 12,2012 I. Background In 2007, House Bill 1375 required that communities in receipt of State Housing Initiative Program (SHIP) funds create an Affordable Housing Advisory Committee. The Affordable Housing Advisory Committee must review existing incentive strategy recommendations, evaluate established policies, procedures, ordinances, land development regulations, and the local government Comprehensive Plan. The Mayor and City Commission approved Ordinance No. 0-2008-4 in February 2008 re-establishing the Affordable Housing Advisory Committee originally created in 1998 as directed. 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. R-117. This partial waiver allowed for the solicitation of committee members to meet the composition criteria required by the State. The Affordable Housing Advisory Committee members were appointed by the City Commission via Resolution No. R-118. Should the City Commission accept the recommendations of the 2012 AHAC, the City's Local Housing Assistance Plan (LHAP) must be amended incorporating the additional incentives. Recommendations for improvement of existing incentives do not require an amendment to the LHAP; this amendment would be a technical amendment not requiring public review or approval. 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. Implementation of all eleven incentive strategies is not likely, however, all eleven were and will continue to be reviewed for consideration. The Affordable Housing Advisory Committee met during the month of November 2012 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. 163.3164(7) and (8), 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 adoption, policies, procedures, ordinances, increase the cost of housing. local government considers, before regulations, or plan provisions that (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. Currently the City of Tamarac has three (3) incentives in place as part of the Local Housing Assistance Plan: 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. The allowance of flexible lot configurations, including zero -lot -line configurations for affordable housing. 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. Incentives & Recommendations After discussions with the AHAC members, the following recommendations are being made for consideration by the City Commission. No new incentives are recommended. The committee does have recommendations for the improvement of existing incentives. A) 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. Review Synopsis: This incentive was previously reviewed by the 1999 and 2008 AHAC members. At that time is was recommended that Affordable Housing projects be identified based on sales price, a declaration by developer that project is affordable housing, and the Building Department establish a contact person to serve as liaison to affordable housing projects. The current AHAC reviewed the process and found that not only are the previous recommendations still in place, but additional steps to address affordable housing projects have been put in place. Since 1999, the Building Department has also begun expediting 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 and "Expedited" stamp, and forwarded to a dedicated person to be sure the process is expedited. . Recommendation: Housing staff should consider notifying the designated staff member in the Building Department when a contract or agreement under the affordable housing program has been made as to 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. Review Synopsis: The City of Tamarac does not currently waive impact fees at the City level for developers. Any developments which include Affordable Housing units, receive assistance from the Housing Division in income certifying and identifying potential buyers. These income eligible buyers may receive down payment / subsidy assistance from the City. It is possible for developers to apply for waivers of fees at the School City Commission and County level and may do so at their discretion. Additionally, the City created a provision to 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 current economy, the loss of revenue for waiver of impact fees, and the current exceptions to the Public Art fee, the 2012 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. City Commission Action Requested: None required at this time. C) Incentive: The allowance of flexibility in densities for affordable housing. Review Synopsis: The City has an allocated number of "flexibility units" and "reserve units" available throughout the City on a first -come, first -serve basis. After discussions with Community Development Planning & Zoning Division, it should be noted that the City is residentially built out and no vacant residential land remains for development. In 2005 the City modified its Code by adding a new zoning district called MXD (Mixed Use). Section 24-539, Development Intensity, allows a greater residential density through the use of flexibility and reserve units within areas zoned MXD. Currently the portion of the City east of N.W. 94th Avenue and west of University Drive on the north side of Commercial Boulevard has been rezoned to the MXD zoning district. Recommendation: With the modification of the Code in 2005 the City has taken measures to accommodate developments with increased densities. The City should continue to utilize and Planning Council's administrative rules reserve units where appropriate. coordinate with the Broward County regarding density bonuses, flex and 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. Recommendation: No recommendations. City Commission Action Requested: None required at this time. E) Incentive: The allowance of affordable accessory residential units in residential zoning districts. Review Synopsis: This incentive is not considered by the City due to the fact that the City's definition of "Family", Z Section 9-36 (c) restricts the use of this term to mean "One or more persons related by blood, marriage or legal adoption occupying a single dwelling unit, having one (1) set of culinary facilities and living as a single housekeeping unit as distinguished from a group occupying a City Commissioning or rooming house, hotel or motel. The definition of family may also include no more than two (2) additional, unrelated natural persons in addition to the above definition of family." Additionally, Section 9-36 (d) (3) states "Structures accessory to the use of one (1) family may be erected provided such accessory buildings are clearly incidental to the main building,and do not accommodate an additional family. Accessory structures shall receive all required permits from the city prior to construction." Recommendation: No recommendations. City Commission Action Requested: None required at this time. F) Incentive: The reduction of parking and setback requirements for affordable housing. Review Synopsis: No current incentives exist with regard to this incentive. Per discussions with the Planning & Zoning Manager, the 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 their parking ordinance in October 2011 and significantly reduced parking requirements city-wide for most commercial uses. Within the next year, additional code amendments will be proposed that may modify building setbacks mostly in the commercial areas of the City as a result of the current redevelopment study that is being developed by an outside planning consultant. Parking has been a concern mainly in older residential communities where the original composition of the residents was senior, one -car families. Since the City's demographics have started changing to a younger community, additional vehicles have caused safety concerns for residents'. The City of Tamarac and Broward Sheriff's Office have prepared a "positioning statement" on the issue and continue educating the public as to safe parking practices. Recommendation: With the preparation of the "positioning statement" and the topic regularly and freely discussed with residents during the City 's Neighborhood Meetings and HOA meetings, this topic has been addresses sufficiently by City staff. City 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 the 1999 AHAC and upheld by the 2008 AHAC. Recommendation: No recommendations. City Commission Action Requested: None required at this time. H) Incentive: The modification of street requirements for affordable housing. Review Synopsis: This City does not have any incentives with regard to street requirements. Streets are engineering in nature and the regulations that govern their requirement are vital to the proper development and function of any given site and are at best, flexible on a case -by -case basis only. Any modification requests would be reviewed at the site plan review process. Recommendation: No recommendations. 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 incentive is an internal one that through proper processes, staff can accommodate programs in a timelier more efficient manner. 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 is grant requirements, protecting the residents, and improving efficiency for better use of staff, resources and funding. Recommendation: 1) The 2012 AHAC would like to see the committee remain intact on an on- going basis opposed to reconvening every three years. The committee members are active in the community and participate in many events throughout the City and the County that benefit the City's residents as well as the programs administered. With the possibility of new program funding and additional requirements, this committee could help improve efficiency and progress in the affordable housing market. The frequency and meeting schedule of the 2012 AHAC would be agreed upon by majority vote of the members and facilitated by the Housing Division. 2) The City and the AHAC committee should seek additional funding opportunities. 3) Provide affordable housing materials in multiple languages when translation is available. City Commission Action Requested Acceptance of internal procedural recommendations. However, since this incentive item is already a part of the City's LHAP, no amendment will be required. J) Incentive: The preparation of a printed inventory of locally owned public lands suitable for affordable housing. Review Synopsis: The only publicly owned land is designated for the development of the Tamarac Village project. The City has contracted with an outside firm to assist the City with coordinating the effort to move this project forward. Recommendation: Should the City purchase residential land in the future, it is to maintain a current list showing locations, market price, and zoning. This list may benefit developers who wish to partner with the City or purchase property for development of affordable housing. Listing these properties on the City's website when applicable would further this effort. City Commission Action Requested: None required at this time. However, the AHAC will reconsider a formal recommendation in the future should the City obtain land suitable for affordable housing. K) Incentive: The support of development near transportation hubs, major employment centers and mixed -use developments. Review Synopsis: The Planning and Zoning Division currently facilities the process for new developments to maximize use of public transportation options. With the limited resources of land for development or redevelopment, coordination of such goals is difficult. Recommendation: No recommendations. City Commission Action Requested: None required at this time. III. Results: After careful consideration and in depth conversations regarding the above eleven incentive items, the 2012 Affordable Housing Advisory Committee has elected not to add any new incentive options to the City's Local Housing Assistance Plan. Recommendations made will improve the three existing incentives and foster future deliberation as to the direction of the City's housing programs. The 2012 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. 2012 Affordable Housing Advisory Committee requests the City of Tamarac City Commission continue to support the following three 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. IV. Other recommendations: Post Disaster Housing: After a natural disaster, the City should focus on keeping their displaced residents local. Residents work, attend school, participate in the community and foster Tamarac 7s economy. Without a temporary housing plan in place these residents often leave and never return. Recommendation: With the topic of post disaster recovery and meeting the housing needs of those effected, the 2012 AHAC committee would like the City Commission to allow staff to research options for the implementation of a resolution or ordinance which allows for the utilization of temporary housing on residential properties. Consideration of the Planning and Zoning, as well as Building Permit, requirements will be included when implementing this policy. This policy will be presented to the City Commission for final approval. City Commission Action Requested: Acceptance of recommendation to have the AHAC pursue this issue and follow up with the City Commission. V. Public Hearing A public hearing was held on December 12, 2012 Commission meeting to allow for comments and/or questions were received during the Public Hearing. at 7:00 p.m. during the City questions. No comments or