HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-181Temp. Reso. #11508
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October 29, 2008
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2008- &
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, TO RECEIVE
THE DRAFT RECOMMENDATIONS ON
AFFORDABLE HOUSING INCENTIVES REPORT
PREPARED AND PRESENTED BY THE
AFFORDABLE HOUSING ADVISORY COMMITTEE
AND HAVING DELIVERED ITS REPORT, WILL
CONTINUE REVIEWING INCENTIVE STRATEGIES
AND FINALIZE RECOMMENDATIONS FULFILLING
ITS RESPONSIBILITY; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on June 25, 2008 the City of Tamarac (hereinafter referred to as the
"City"), pursuant to State Housing Initiatives Partnership Act ("Act"), adopted Resolution
No. 2008-94, thereby appointing members to the City's Affordable Housing Advisory
Committee; and
WHEREAS, the members of the Affordable Housing Advisory Committee met
regularly since August to review the eleven (11) topics as detailed by the state statute; and
WHEREAS, the Affordable Housing Advisory Committee used staff to educate
themselves with the City's affordable housing plan, programs and direction; and
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 its recommendations
for incentives; and
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Temp. Reso. #11508
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October 29, 2008
WHEREAS, the Affordable Housing Advisory Committee had the responsibility to
present their 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 determined in the
short period of time since appointment a draft report would be submitted to meet its
obligation for time frames and continue to prepare complete recommendations once the
eleven (11) incentives have been discussed; and
WHEREAS, it is the recommendation of the Community Development Director that
the City Commission_ receive the draft report 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.
Section 2. The City Commission received the draft 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.
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Temp. Reso. #11508
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October 29, 2008
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.
PASSED AND ADOPTED BY TH CITY QOMMISSION OF THE CITY OF TAMARAC,
FLORIDA THIS _A%b- DAY OF , 2008.
CITY OF TAMARAC FLORIDA
BETH TA ABISCO, MAYOR
ATTEST:
RECORD OF COMMISSION VOTE:
MARION SWENSON, CMC MAYOR FLANSBAUM-TALABISCOf
CITY CLERK DIST 1: COMM BUSHNELL
DIST 2: VM ATKINS-GRAD
DIST 3: COMM. GLASSER__
DIST 4: COMM. DRESSLER
I HEREBY CERTIFY that
1 have approved this
RESOLUTION as to form.
SAMUEL S. GOREN
CITY ATTORNEY
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Exhibit "A"
CITY OF TAMARC
State Housing Initiative Partnership (SHIP)
Affordable Housing Advisory Committee
(AHAC)
Incentive Strategies Review Draft Report
Presented to the
Mayor and City Commission
December 10, 2008
State Housing Initiative Partnership
Affordable Housing Advisory Committee (AHAC)
Committee Members
Mr. Andre' McAden
Mr. David Fulcher
Ms. Yvonne Williams
Mr. Earl Harris
Mr. Steven Barr
Ms. Courtnee Biscardi
Mr. Alan Oshins
Ms. Kimberly Hackett
Unofficial Members (To be appointed 12/10/08)
Mr. Phillip Emerman
Ms. Cindi Wood
City Staff
Ms. Angela Bauldree — Housing Administrator
Community Development Department
Jennifer K. Bramley
Director
State Housing Initiative Partnership
Affordable Housing Advisory Committee (AHAC)
2008 Incentive Review and Recommendation Report
December 10, 2008
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
establishing the Affordable Housing Advisory Committee and directed staff to solicit for
the eleven members as required.
On June 25, 2008 the City Commission appointed the members of the AHAC. They
were required to review eleven incentive strategy options with regard to affordable
housing and report to the local municipality by December 31, 2008.
Initially the Committee appointed nine members, however, shortly after appointment one
member resigned due to scheduling conflicts. Additionally, two new applicants attended
the meetings as unofficial members until they could formally be appointed to the
committee.
Within 90 days after the date of receipt of the local housing incentive recommendations
from the advisory committee, the governing body of the appointing local government
shall adopt an amendment to its local housing assistance plan to incorporate the local
housing incentive recommendations to be considered for implementation.
Due to the limited time constraint, this report from the AHAC is in draft form. The
Committee discussed all eleven incentive strategies, some at more length than others,
and decided to focus on those most prevalent to the City's affordable housing situation.
Currently the average home sales price in Tamarac is $164,000 which is considered
affordable according to Broward County/Fort Lauderdale Metropolitan Area affordable
housing standards. The City of Tamarac is also built -out with regard to vacant
residential properties to be developed. Due to that fact, many of the incentive strategies
were not applicable, but may be considered once the City enters into a redevelopment
stage.
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 continued to be reviewed for consideration.
The Affordable Housing Advisory Committee meet on the following dates to discuss,
review and make recommendations on the eleven incentive strategies:
August 26, 2008
September 18, 2008 (cancelled)
October 2, 2008
October 30, 2008
During the October 2, 2008 AHAC meeting, the Planning & Zoning Manager discussed
several of the incentive strategies and policies, procedures, ordinances and changes to
the Code that have been implemented since the last Affordable Housing Advisory
Committee report in 1999. Due to this foresight, discussion and research on the already
addressed incentives was not necessary.
As mentioned before, the Committee discussed all eleven incentive strategies, but will
not have final recommendations until a later date once the Committee has sufficient
time for review and research.
Below is the list of the eleven incentive strategies required for review by the Florida
Housing Finance Corporation:
(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) Th a 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.
0) 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.
II. Public Hearing
A public hearing was held on December 10, 2008 at 7:00 p.m. during the City
Commission meeting to allow for comments and/or questions.
The following comments/questions were discussed by:
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III. Incentives & Recommendations
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
AHAC. The AHAC at that time 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. Currently the application process
for permits is less than 2 weeks, down from the 1999 time frame.
Recommendation: Due to the improvements in the process since 1999, and
constant review of the permitting process by both the Housing Division and
Building Department, the 2008 AHAC has no further recommendations on this
incentive strategy.
Board Action: None required
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. 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 Board and County level and may do so at their discretion.
Additionally, the City recently 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
2008 AHAC has no recommendations for reduction of impact fees other than
those eligible at the County or School Board level should the developer
choose to explore.
Board Action: None required.
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 o f 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 considering applications for Land Use Amendments;
increased density; mixed use; flex units; or reserved units for development
and more likely redevelopment of affordable housing. Per the Community
Development Director and Planning & Zoning Manager, this consideration is
made at site plan review and other stages of the plan review process.
Board Action: Continue supporting staffs recommendations in support of
allowance of flexibility in densities of affordable housing projects.
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.
Board Action: None required.
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 boarding 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.
Board Action: None required.
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 AHAC discussed with the Planning & Zoning Manager that several
communities differ in their parking availability. Some utilize their available
parking to the highest level while others do not giving an appearance of too
much parking provided. The Planning & Zoning Manager advised that the City
is in the process of amending many of the existing codes that currently exist
and that required parking is a targeted area to be revised within the next
several years.
In general, the current required parking requirements are too high, creating
more parking than may be needed in many zoning districts throughout the
City for both residential and non-residential properties,
Recommendation: Continued consideration at time of site plan review. Work
with Planning & Zoning to determine if modifications to current Code may be
adjusted to account for reductions.
Board Action: Continue supporting staffs recommendations for reduction of
parking and setback requirements of affordable housing projects on a case by
case basis.
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,
however since the City is residentially built out, no new affordable housing
development projects are being processed. With regard to redevelopment,
the City will continue to allow for zero -lot line configurations.
Recommendation: No recommendations necessary.
Board Action: None required.
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: Continued discretion and flexibility by staff at time of site
plan review.
Board Action: Continued support of staff recommendations.
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, which runs all of the affordable housing
programs within the City has been reviewing internal policies and procedures
for over two years. Several improvements to the quality of the applications
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. The AHAC intends to look much deeper into the day-
to-day operations of the Housing Division in order to make sound and
implementable recommendations.
Recommendation: One immediate recommendation is to post the Housing
Assistance programs application on the City's website. This allows residents
to obtain the application without traveling into City Hall to pick up a copy.
Should any program run short on funds, staff may remove the application
from the website with a notation stating that the program is no longer
available until further funding is received with an estimated date for
reinstatement.
Board Action: Implementation by staff after approval of report.
J) Incentive: The preparation of a printed inventory of locally owned public
lands suitable for affordable housing.
Review Synopsis: Contrary to the 1999 AHAC, the City no longer has vacant
residential property nor does it own any vacant residential property. The
remaining vacant property, other than privately owned scattered site, is a
mixed use property currently in the plan review process. As part of a County
wide partnership in regard to Post -Disaster Preparation for emergency
housing, the City maintains a list of public owned property; however, this list
does not consist of residential property.
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.
Board Action: Implementation of list maintenance by staff at such time
the City owns land suitable for affordable housing.
K) Incentive: The support of development near transportation hubs, major
employment centers and mixed -use developments.
Review Synopsis: When there is development possible near major
employment centers or transportation hubs, the City absolutely does support
the project. As previously mentioned, the City has rezoned a major portion of
previously commercially zoned land on the north side of Commercial
Boulevard to a Mixed Use type of zoning district. The Planning & Zoning
Division is very helpful with developments in this category; however, there is
no vacant residential land available for development.
Recommendation: The Planning & Zoning Division should assist developers
when proposing developments in this situation. Expedited permitting should
be facilitated; expedited plan review process should be facilitated as well
when possible.
Board Action: Implementation by staff for extensive assistance and support
to developers proposing an affordable housing project near transportation
hubs or major employment centers.