HomeMy WebLinkAboutCity of Tamarac Resolution R-2012-146Temp. Reso. # 12281
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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
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Temp. Reso. # 12281
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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:
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Te m p. Reso. # 12281
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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.
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immediately upon its
Temp. Reso. # 12281
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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
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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