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HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-181Temp. Reso. #11508 Page 1 of 4 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 1 Page 1 of 4 Temp. Reso. #11508 Page 2 of 4 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. Page 2 of 4 1 Temp. Reso. #11508 Page 3 of 4 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 Page 3 of 4 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: �3'illl?�3�' 311131 3iil»ifNi 1i es�d e 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.