2015-29205 Reso RESOLUTION NO. 2015-29205
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF
MIAMI-BEACH, FLORIDA, ACKNOWLEDGING RECEIPT OF THE TRIENNIAL
INCENTIVES REVIEW AND RECOMMENDATIONS REPORT FROM THE
AFFORDABLE HOUSING ADVISORY COMMITTEE.
WHEREAS, the City of Miami Beach has identified in its Consolidated Plan the goal of
pursuing funding for affordable housing for the rehabilitation of its existing housing stock and to
provide homeownership opportunities to its residents; and
WHEREAS, in 1992,the William E. Sadowski Affordable Housing Act established the State
Housing Initiatives Partnership (SHIP) Program, administered by the Florida Housing Finance
Corporation (FHFC), to provide funding for rehabilitation of housing stock and homeownership
opportunities for low and moderate-income households; and
WHEREAS, SHIP Program funds, derived from set-aside allocations from documentary
stamp levies on real estate transactions, have been allocated to the City of Miami Beach; and
WHEREAS, Section 420.9076 of the Florida Statutes requires cities and counties receiving
SHIP funds to appoint an Affordable Housing Advisory Committee to review the City's established
policies and procedures, ordinances, land development regulations, and adopted local
Comprehensive Plan, to recommend actions or initiatives to encourage or facilitate affordable
housing, while protecting the ability of the property to appreciate in value; and
WHEREAS, the Affordable Housing Advisory Committee held ten (10) public meetings
during the months of January through November 2015, and approved the attached Triennial
Incentives Review and Recommendations Report, during a duly advertised public hearing held on
November 17, 2015.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA,that the Mayor and City Commission hereby acknowledge
receipt of the Triennial Incentives Review and Recommendations Report from the Affordable
Housing Advisory Committee, attached hereto and incorporated herein by reference as Exhibit"A".
PASSED AND ADOPTED THIS T DAY OF V?C•ev►Ai6p f , 2015.
ATTEST:
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ANADO_ �, L a�C''•••. Cl y• PHILIP EV r. , � AYOR
INCORP ORATED: f APPROVED AS TO
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COMMISSION ITEM SUMMARY
Condensed Title:
A resolution of the Mayor and the City Commission of the City of Miami Beach, Florida,acknowledging receipt of the
Triennial Incentives Review and Recommendations Report from the Affordable Housing Advisory Committee.
Key Intended Outcome Supported:
Increase access to workforce or affordable housing.
Supporting Data (Surveys, Environmental Scan,etc.): Based on the 2012 Community Satisfaction Survey,
80%of residents believe the City's standard of living is good and improving. 33%of businesses rated the lack of
affordable housing in Miami Beach for their labor force as their most important challenge.
Item Summary/Recommendation:
Florida Statute 420.9076 requires cities and counties receiving State Housing Initiatives Partnership(SHIP)Program
funds to appoint an eleven (11) member Affordable Housing Advisory Committee (AHAC) to triennially review the
City's established policies and procedures, ordinances, land development regulations, and adopted local
Comprehensive Plan to recommend actions or initiatives to encourage or facilitate affordable housing, while
protecting the ability of the property to appreciate in value. At a minimum, each advisory committee shall initially
submit a report to the local governing body that includes recommendations on housing incentives. Triennially
thereafter, the AHAC will evaluate the implementation of the affordable housing incentives.
Between January and November 2015,the AHAC held ten(10)public meetings and approved the attached Triennial
Incentives Review and Recommendations Report during a duly advertised public hearing held on November 17,
2015.After presenting the report to the City Commission for its consideration,the AHAC Report must be submitted to
the State no later than December 31, 2015.
The Administration is requesting that the Commission receive the attached Incentives Review and Recommendations
Report to meet the deadlines established by State Statute and Florida Administrative Code.
Advisory Board Recommendation:
Affordable Housing Advisory Committee
Financial Information:
Source of Amount Account
Funds:
2
3
OBPI Total
Financial Impact Summary: NA
City Clerk's Office Legislative Tracking: �
Maria Ruiz
Sign-Offs:
Department Director Assistant City Manager City Manager
MLR KGB # JLM :1
T:\AGENDA\2015\December 9\AHAC 2015 Incentives-Recommendations Report- SUMM I
AA I AM I 13 E AC H AGENDA ITEM_ G7 D
DATE
g___1 MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
CO MISSION MEMORANDUM
TO: Mayor Philip Levine and Members i f the City t.mmission
I i
FROM Jimmy L. Morales, City Manager I
DATE: December 9, 2015
SUBJECT: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACKNOWLEDGING RECEIPT OF THE 2015 TRIENNIAL
INCENTIVES REVIEW AND RECOMMENDATIONS REPORT FROM THE
AFFORDABLE HOUSING ADVISORY COMMITTEE.
ADMINISTRATION RECOMMENDATION .
Adopt the resolution.
ANALYSIS
In 1992, the William E. Sadowski Affordable Housing Act established the State Housing Initiatives
Partnership (SHIP) Program, administered by the Florida Housing Finance Corporation (FHFC),
which provides funding for rehabilitation of housing stock and homeownership opportunities for low-
and moderate-income households. In 1995, the City Commission approved Ordinance 95-2989,
establishing the legal infrastructure enabling the City to receive SHIP Program funds, which are
derived from set-aside allocations from documentary stamp levies on real estate transactions.
Florida Statute 420.9076 requires cities and counties receiving SHIP funds to appoint an eleven(11)
member Affordable Housing Advisory Committee(AHAC)to triennially review the City's established
policies and procedures, ordinances, land development regulations, and adopted local
Comprehensive Plan to recommend actions or initiatives to encourage or facilitate affordable
housing, while protecting the ability of the property to appreciate in value. At a minimum, each
advisory committee shall initially submit a report to the local governing body that includes
recommendations on housing incentives. Triennially thereafter, the AHAC will evaluate the
implementation of the affordable housing incentives.
The AHAC recommendations must include,at a minimum,the review of certain incentives provided
in the Statute. Those statutory incentives are:
(a) The processing of expedited permits or development orders to a greater degree than
other projects for affordable housing;
(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;
Page 2 of 2
AHAC Report
(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.
Between January and November 2015, the AHAC held ten (10)public meetings and approved the
attached Triennial Incentives Review and Recommendations Report during a duly advertised public
hearing held on November 17, 2015.
Rule 67-37.010, Florida Administrative Code, provides further direction on how FS 420.9076 is to be
followed. The local governing body shall adopt amendments to its Local Housing Assistance Plan
(LHAP), incorporating the incentive strategies that it will implement within its jurisdiction,which were
identified by the AHAC. Regardless of the inclusion of incentives from the AHAC,the LHAP must be
reviewed, evaluated, and updated every three (3)years and submitted to FHFC, for approval, no
later than May 2nd of the year that it is due. The City of Miami Beach is required to submit a new
LHAP by May 2, 2016. The AHAC Report must be submitted to FHFC no later than December 31,
2015.
The Administration is requesting that the Commission receive the attached Incentives Review and
Recommendations Report to meet the deadlines established by State Statute and Florida Code.
CONCLUSION
The administration recommends that the Mayor and City Commission of the City of Miami Beach,
Florida, acknowledge receipt of the attached Triennial Incentives Review and Recommendations
Report submitted by the Affordable Housing Advisory Committee.
JLM/K B/MLR/ARB
T:\AGENDA12015\December 9\AHAC 2015 Incentives-Recommendations Report- MEMO
EXHIBIT
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City of Miami Beach
Affordable Housin g Advisory Committee
Triennial
Incentives Review and Recommendations Report
November 17, 2015
City of Miami Beach
Affordable Housing Advisory Committee (AHAC) Recommendations
Triennial Incentive Review and Recommendation Report
November 2015
I. Background
A total of ten (10) AHAC meetings were convened to discuss incentives and
formulate the recommendations report. The dates of these meetings were
January 13, 2015, February 26, 2015, April 1, 2015, April 28, 2015, May 19,
2015, June 16, 2015, July 21, 2015 September 8, 2015, October 21, 2015, and
November 17, 2015. A public hearing was held on November 17, at which time
the AHAC's recommendations were presented in this report and approved by a
majority of the committee. The recommendations report will be presented to the
City Commission at its meeting on December 9, 2015.
Upon acceptance, and as directed by the City Commission, the AHAC's
recommendations will be referred to the appropriate committees, departments, or
staff for further discussion. Staff from the Housing and Community Development
Division, and AHAC Committee Members, will attend any discussion meetings as
necessary to assist in answering questions and to inform the meeting attendees
of the goal of amending the City's Local Housing Assistance Plan (LHAP) and/or
the City Code, as may be applicable to the implementation of any of the
recommended actions.
II. Public Hearing
Although all the meetings were public meetings, to further solicit public input on
the AHAC's recommendations, the meeting on November 17, 2015 was duly
noticed as a public hearing at which time the AHAC's recommendations were
presented in this report and approved by a majority of the committee.
This meeting notice was advertised in the Miami Herald, posted on City Hall
bulletin boards and advertised in the City's regular weekly post of City meetings.
Ill. Statutory Recommendations:
The following represents the summary of the discussions and recommendations
related to the incentives provided in Florida Statutes 420.9076(4).
Page 1 of 7
a. Incentive: Expediting the processing of approvals of development orders
or permits for affordable housing development projects to a greater degree than
other projects. [420.9076(4)(a)]
Synopsis of Discussion/Background: In the past, the AHAC recommended
that the City Manager reconfirm with the Building Department and other
applicable Department Heads, that the Director of Real Estate, Housing &
Community Development (subsequently the Office of Housing and Community
Services) is liaison for all affordable housing project permit issues; and that it is
the policy of the City to expedite permitting of affordable housing and convene a
meeting, if necessary, to ensure the implementation is in effect and working
properly. It had also been recommended that the Building Department have staff
to all stages of the affordable housing development process, from
plans review through certificate of occupancy, to ensure expedited handling and
approval of all affordable housing projects.
Current Recommendation: Reconfirm the City's commitment to this affordable
housing development incentive. The AHAC further recommended that a
measurement tool be developed for the Building Department to evaluate and
report the average turnaround time for affordable housing project processing
versus standard processing.
b. Incentive: The modification of impact-fee requirements, including
reduction or waiver of fees and alternative methods of fee payment for affordable
housing. 1420.9076(4)(b)1
Synopsis of Discussion/Background: This incentive was taken up by the
1996 AHAC, the 2008 AHAC, and the 2012 AHAC; each recommending that the
City waive building permit fees. The recommendation has never been
implemented by the City.The City Attorney's office opined that waiver of building
permit fees are not allowable under law. This Committee still felt strongly about
the need to reduce fees to incentivize developers to do affordable housing; and
that the City continues to investigate ways to mitigate or delay payment of permit
fees to the greatest degree legally possible.
Current Recommendation: Reconfirm the City's commitment to this affordable
housing development incentive. Further, it was suggested that if fees could not
be waived, then a separate reduced-rate fee schedule should be developed for
affordable housing; or, that consideration should be given to ensuring that
affordable housing be subject to the minimum fees available. Specific
suggestions were reductions of real estate taxes or adjustments from the Tax
Increment Financing.
Page 2 of 7
c. Incentive: The allowance of increased density levels/flexibility for
affordable housing. f420.9076(4)(c)1
Synopsis of Discussion/Background: The 2008 AHAC recommended that
the City consider amending its code to allow for an exception related to minimum
and average size units for affordable housing, so that it mirrors the code's
existing provisions for elderly affordable housing found in Section 142-1183. It
was also recommended that an "economic hardship" allowance be included as
one of the variance criteria for affordable housing development projects which
come before the Board of Adjustment. The modification relating.to unit size was
made via Ordinance No. 2011-3744, which was adopted October 19, 2011. The
2012 AHAC recommended that this incentive remain in place.
Current Recommendation: Reconfirm the City's commitment to this affordable
housing development incentive.
d. Incentive: The reservation of infrastructure capacity for housing for very-
low-income persons and low-income persons. [420.9076(4)(d)]
Synopsis of Discussion/Background: This incentive was deemed inapplicable
to Miami Beach.
Current Recommendation: None
e. Incentive: The allowance of affordable accessory residential units in
residential zoning districts. [420.9076(4)(e)]
Synopsis of Discussion/Background: The City already allows accessory type
units to be used as residences in the case of multi-family residential zones--for
example, the conversion of stand-alone garages, in-law quarters, etc. These
units can have their own utilities, addresses, etc. The allowance however does
not extend into the single family zones and doing so would not produce any
significant benefit to allow for such. Because of the already developed
environment of the City, expansion of accessory units is not practical or feasible
and the committee does not make any recommendation.
Page 3 of 7
Current Recommendation: Reconfirm the City's commitment to this affordable
housing development incentive where applicable.
f. Incentive: The reduction of parking and setback requirements for
affordable housing. [420.9076(4)(f)]
Synopsis of Discussion/Background: The 2008 AHAC recommended that
the City Commission consider amending the Code to allow new construction of
affordable housing to have 1.0 parking space for units 550 square feet or smaller
instead of the current 1.5 spaces. The reduction of setback requirements was
deemed inapplicable to Miami Beach and no recommendation was proffered. A
parking modification to the code (applying to units of 800 square feet or less) was
made via Ordinance No. 2011-3744, which was adopted October 19, 2011.
Current Recommendation: Reconfirm the City's commitment to this affordable
housing development incentive. It was further recommended that building height
limits be increased for affordable housing projects and allowing parking on the
lower level as an alternative means of satisfying parking requirements.
g. Incentive: Flexible Lot Configurations - The allowance of zero-lot-line
configurations for affordable housing. [420.9076(4)(g)]
Synopsis of Discussion/Background: This incentive was deemed
inapplicable to Miami Beach. No recommendation was proffered.
Current Recommendation: None
h. Incentive: Modification of street requirements for affordable housing.
[420.9076(4)(h)1
Synopsis of Discussion/Background: This incentive was deemed inapplicable
to Miami Beach with its compact buildings with relatively small-scale sidewalks
and streets. No recommendation was proffered.
Page 4 of 7
Current Recommendation: None
i. Incentive: The establishment of a process by which a local government
considers, before adoption, any policies, procedures, ordinances, regulations, or
plan provisions that increase the cost of housing. M420.9076(4)(i)1
Synopsis of Discussion/Background: - The 2015 AHAC continued the
discussions of the 2008 and 2012 AHACs regarding this issue, and agreed with
the recommendation that there should be a staff analysis of items coming before
the Planning Board that should include an inquiry asking: "What impact will this
have on the availability of affordable housing in Miami Beach?" If staff analysis
determines that the item may have an impact on an affordable housing project,
this fact must be communicated to the Housing Director prior to the Planning
Board meeting. The Director will timely provide an opinion to the board as to the
depth of the impact and why he or she believes it's in the best interest of the
affordable housing goals of the City.
Current Recommendation: This process should be implemented by the City.
j. Incentive: The preparation of a printed inventory of locally-owned
public lands suitable for affordable housing. 9076(4) ')
.
p 9 l 420 CJ 1
Synopsis of Discussion/Background: Since 1996, when this incentive was
first taken up by an AHAC, the City has deeded all of its developable land.
Recent versions of that list, presented to the 2012 AHAC, did not indicate any
change in the status.
The AHAC discussion suggested taking a different approach to looking at the
properties; such as re-zoning, change of use, or sale; to create new opportunities
for the development of affordable housing.
Current Recommendation: Review and analyze the list of all City-owned
properties to determine if, through re-zoning or change of use, certain properties
could become developable sites for affordable housing. Review list of City's
newly-acquired affordable rental properties to determine if the sale of one of
those properties could generate enough funding to be used to develop a greater
number of units in a different area of the City.
Page 5 of 7
k. Incentive: The support of development near transportation hubs and
major employment centers. 1420.9076(4)(k)1
Synopsis of Discussion/Background: Due to its narrow geography, and
numerous bus lines, there are no transportation hubs in Miami Beach and no
need to strategically place affordable housing related to these considerations.
Recommendation: None
IV. New Incentives /Recommendations identified by the AHAC:
a. Incentive: Assessment of additional impact fees for development of
property unrelated to affordable housing.
Synopsis of Discussion/Background: The AHAC suggested that the
imposition of additional impact fees on developers of both residential and
commercial market-rate properties could be used to create a pool of funds
dedicated to affordable housing development.
Current Recommendation: Staff should review the financial impact and
consider imposing additional impact fees on developers of market-rate properties
as a source of funds dedicated to affordable housing development.
b. Incentive: Hotel developer incentives for inclusion of affordable units.
Synopsis of Discussion/Background: The AHAC discussed the possibility of
the City providing financial incentives to encourage hotel developers to set-aside
some of their space as affordable rental units to be utilized by permanent
low/moderate income tenants. This was generally considered not feasible, but
acknowledged that the hotels might have some interest since many of their
employees need, and are eligible for, affordable housing. An option to offer
space off-site might be more feasible.
Current Recommendation: Staff should review the possibility of developing
incentives to encourage hotel developers to participate in the development of •
affordable housing by providing units either on-site or off-site, or by contributing
to an affordable housing fund.
Page 6 of 7
c. Incentive: Any new City of Miami Beach development projects should
include an affordable housing component.
Synopsis of Discussion/Background: The AHAC suggested that given
the City's current level of development, there is a potential for incorporating
affordable housing units into some of the new developments. This would provide
an ideal opportunity to utilize the mixed-use concept of development.
Current Recommendation: As a starting point, the current Convention Center
Project should include an affordable housing component (if it is still possible). In
the future, all development projects should be evaluated to determine if
affordable housing can be incorporated. If so, then a minimum requirement for
affordable housing should be set for the development of the project. Additionally,
those RFPs that exceed the minimum requirement should be allocated extra
evaluation points for including affordable housing as a component of the
proposal.
d. Incentive: Provide financial incentives for employers that contribute to
the development of workforce housing.
Synopsis of Discussion/Background: If new or existing employers are
willing to contribute to the development of workforce housing, either through
monetary contributions or actual development, then they could be provided with
some type of fee waivers or other fee reductions or credits (It was acknowledged
that such incentives would be hard to identify). Monetary contributions could be
used to establish a pool of affordable housing funds.
Current Recommendation: The City should generate affordable housing
funding to supplement its entitlement funding received from the U.S. Department
of Housing and Urban Development (HUD) and from the State of Florida. This
additional funding could be utilized to fund new development projects.
The foregoing recommendations were adopted by the City of Miami Beach
Affordable Housing Advisory Committee on this 17th day of November,
2015, and are being submitted herewith for acceptance by the City
Commission of the City of Miami Beach, Florida.
A
Davi• ith, .`rperson
Page 7 of 7