Resolution 2021-31946RESOLUTION NO. 2021-31946
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACKNOWLEDGING RECEIPT OF THE AFFORDABLE
HOUSING ADVISORY COMMITTEE'S DECEMBER 2021 TRIENNIAL INCENTIVE
REVIEW AND RECOMMENDATIONS REPORT.
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, Florida Statutes requires cities and counties receiving SHIP
funds to appoint an Affordable Housing Advisory Committee("AHAC") 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 2021, and approved the AHAC Triennial Incentive
Review and Recommendations Report (December 2029) (the "Report"), during a duly advertised
public hearings held on November 16, 2021 and November 30, 2021, in accordance with Section
420.9076 (5), Florida Statutes; and
WHEREAS, the Report must be transmitted to the City Commission and submitted to the
FHFC by December 31, 2021.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, acknowledging receipt of the Affordable Housing
Advisory Committee's December 2021 Triennial Incentive Review and Recommendations Report.
PASSED and ADOPTED THIS $
ATTEST:
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RAFAEL E. GRANADO, CITY CLERK
DAY OF December., 2021.
DAN GELBER, MAYOR
DEC 1 3 2021
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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City Attorney'— Date
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Resolutions - C7 V
MIAMI BEH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: December 8, 2021
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACKNOWLEDGING RECEIPT OF THE
AFFORDABLE HOUSING ADVISORY COMMITTEE'S DECEMBER 2021
TRIENNIAL INCENTIVE REVIEW AND RECOMMENDATIONS REPORT.
RECOMMENDATION
To approve the resolution.
BACKGROUND/HISTORY
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.
H.B. 1339 amends reporting requirements and replaces the triennial report with an annual report
that must be submitted by December 31 st. The report is compiled in conjunction with the City's
AHAC and approved by the City Commission, is subsequently submitted to FHFC and includes
recommendations on housing incentives.
ANALYSIS
The SHIP Statute at Florida Statutes, Sec. 420.9076 (5) requires that: "The approval by the
advisory committee of its local housing incentive strategies recommendations and its review of
local government implementation of previously recommended strategies must be made by
affirmative vote of a majority of the membership of the advisory committee taken at a public
hearing."
Between January and November 2021, the AHAC held ten (10) public meetings and approved
the attached Triennial Incentives Review and Recommendations Report during duly
advertised public hearings held on November 16, 2021, and November 30, 2021. Although all
AHAC meetings are public, this final AHAC public hearing has specific notice requirements in
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statute that are not required for the prior AHAC meetings.
The 2021 Triennial Incentives Review and Recommendations Report highlights several
actions taken by the AHAC that have resulted in ordinances and resolutions supporting the
housing incentives found at s. 420.9076(4) of the Florida Statutes. Although not all strategies
are applicable to Miami Beach, the AHAC was quite instrumental in supporting those strategies
that incentivize the development of affordable housing within the jurisdiction.
Sec. 420.9076 (2) of Florida Statutes provides the details on the member composition, and as
of October 2020, the State Legislature added an elected official as a voting member in order to
provide insight on policy development. Commissioner Michael Gongora served as Chair until
the end of their term in November 2021. As a result, the Administration is requesting a
replacement of the vacant seat of City Commissioner on the AHAC to further the
accomplishments of the Committee's commitment to affordable housing.
The AHAC approved the Triennial Incentives Review and Recommendations Report during
an emergency meeting held on November 30, 2021.
SUPPORTING SURVEY DATA
Not applicable.
FINANCIAL INFORMATION
Not Applicable.
Amount(s)/Account(s):
Not Applicable.
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.
Applicable Area
Not Applicable
Is this -a "Residents Right
to Know" item,pursuant to
City Code Section 2-14?
No
Does this item utilize G.O.
Bond Funds?
No
Strategic Connection
Mobility - Support affordable, compatible workforce housing.
Legislative Tracking
Housing and Community Services
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ATTACHMENTS:
Description
❑ Resolution
Triennial Review Report
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City of Miami Beach
Affordable Housing Advisory Committee (AHAC) Recommendations
Triennial Incentive Review and Recommendation Report
December 2021
I. Background
On September 16, 2020, the City Commission adopted Ordinance No, 2020-4355,
which amended the composition of the AHAC to include a member of the City
Commission. The AHAC made several motions supporting the incentives in 2019
and 2020, which were subsequently passed as Resolutions or Ordinances and
increased their involvement in legislative action after the Ordinance was adopted.
In 2021, a total of two (2) AHAC meetings were convened to discuss incentives
and formulate the recommendations report. The dates of these meetings were:
October 19, 2021 and November 16, 2021. A public hearing for the City's
Consolidated Plan was held on November 16, 2021 and the City did not receive
any recommendations. The AHAC then held an emergency meeting on November
30, 2021 to
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 Office of Housing and Community
Services, 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.
Committee Composition
The City / County Commission (re -appointed) appointed members to the
Committee on January 1, 2021. Section 420.907 of the Florida Statutes lists the
categories from which committee members must be selected. There must be at
least 8 committee members with representation from at least 6 of the following
categories:
• Citizen actively engaged in the residential home building industry in
connection with affordable housing.
• Citizen actively engaged in the banking or mortgage banking industry in
connection with affordable housing.
• Citizen representative of those areas of labor actively engaged in home
building in connection with affordable housing.
• Citizen actively engaged as an advocate for low-income persons in
connection with affordable housing.
• Citizen actively engaged as a for-profit provider of affordable housing.
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• Citizen actively engaged as a not-for-profit provider of affordable housing.
• Citizen actively engaged as a real estate professional in connection with
affordable housing.
• Citizen actively serving on the local planning agency pursuant to
s.163.3174.
• Citizen residing within the jurisdiction of the local governing body making
the appointments.
• Citizen who represents employers within the jurisdiction.
• Citizen who represents essential services personnel, as defined in the local
housing assistance plan
The appointed AHAC Committee members are included here, along with their
catenory affiliation_
Name
Category Represented
1 Sixto Acea
Citizen actively engaged as a not-for-profit provider of
affordable housing.
2 Darin Feldman
Citizen actively engaged as a real estate professional in
connection with affordable housing.
3 Jeffrey Feldman
Citizen who represents essential services personnel, as
defined in the local housing assistance plan.
4
Vacant
5 Mohammed Islam
Citizen who represents employers within the jurisdiction.
6 Matthew Land
Vice -Chair/ Citizen actively engaged as an advocate for low-
income persons in connection with affordable housing.
7 Barbara Montero
Citizen residing within the jurisdiction of the local governing
body making the appointments.
8 David Wieder
Citizen actively serving on the local planning agency
pursuant to s.163.3174.
II. Public Hearing
Although all the meetings were public meetings, to further solicit public input on
the AHAC's recommendations, the meeting for the Triennial Report review was
held on November 16, 2021, and on November 30, 2021.
This meeting notice was advertised in the City's regular weekly post of City
meetings and the Miami Herald.
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III. Statutory Recommendations:
The following represents the summary of the discussions and recommendations
related to the incentives provided in Florida Statutes 420.9076(4).
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 has
recommended 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.
On October 2020, the AHAC made a motion supporting a City incentive to expedite
the building permit process for affordable housing projects. The Mayor and City
Commission approved Resolution No. 2021-31581 on February 10, 2021, to
expedite Building permit review for affordable housing projects.
Current Recommendation: Reconfirm the City's commitment to this affordable
housing development incentive.
b. Incentive: The modification of impact -fee requirements, including
reduction or waiver of fees and alternative methods of fee payment for affordable
housing. [420.9076(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. In 2015, AHAC suggested a reduced -rate fee Schedule
to ensure that affordable housing would be subject to the minimum fees available.
In September 2020, the AHAC made a motion supporting the ordinance change
that will waive the training and technology fee for affordable and workforce housing
projects. On October 2020, the AHAC made a motion supporting the following city
incentives for affordable housing:
1. Expedite the building permit process.
2. Waive city land use board fees.
3. Waive city mobility fees.
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The Mayor and City Commission approved Ordinance 2020-4361 on October 14,
2020, to waive training and technology fees for Affordable Housing units and
Workforce Housing units.
The Mayor and City Commission adopted Ordinance 2021-4416 on May 12, 2021,
to waive the application fee, per square foot fee, and per variance fee for the
Design Review Board, Historic Preservation Board, and the Board of Adjustment
for elderly and non -elderly affordable housing applications. The Ordinance also
waives applicable concurrency and mobility fees for affordable housing projects.
Current Recommendation: The AHAC continues to explore further methods of
incentivizing development of affordable housing.
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: There are no recommendations at this time.
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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.
On January 2019, the AHAC passed a motion approving the legalization of
accessory dwelling units to encourage workforce/affordable housing.
The Mayor and City Commission adopted Ordinance 2019-4304 on October 16,
2019, which amended City Code to allow for accessory and conditional uses as
provided for in the land development regulations; provided that accessory dwelling
units do not count towards maximum density limits; and provided for the
development of accessory dwelling units in order to encourage the development
of housing at an attainable rate.
Current Recommendation: There are no further recommendations at this time.
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.
The Mayor and Commission adopted Ordinance No. 2017-4148 on October 18,
2017, to reduce parking requirements for newly constructed affordable housing
developments and workforce housing developments.
The Mayor and Commission adopted Ordinance No. 2021-4451 on October 27,
2021, to reduce the fees associated with the removal of on -street parking spaces
associated with affordable housing projects.
Current Recommendation: There are no further recommendations at this time.
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g. Incentive: Flexible Lot Configurations - The allowance of zero -lot -line
configurations for affordable housing. [420.9076(4)(8)]
Synopsis of Discussion/Background: This incentive was deemed inapplicable
to Miami Beach. No recommendation was proffered.
Current Recommendation: There are no recommendations at this time.
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.
Current Recommendation: There are no recommendations at this time.
L 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. [420.9076(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 they believe it's in the best interest of
the affordable housing goals of the City.
Current Recommendation: This process should continue to be implemented by
the City.
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j. Incentive: The preparation of a printed inventory of locally -owned public
lands suitable for affordable housing. f420.9076(4)(i)l
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: There are no recommendations at this time.
k. Incentive: The support of development near transportation hubs and
major employment centers. f420.9076(4)(k)l
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:
The foregoing recommendations were adopted by the City of Miami Beach
Affordable Housing Advisory Committee on this 30th day of November, 2021,
and are being submitted herewith for acceptance by the City Commission of
the City of Miami Beach, Florida.
Matthew Land, Chairperson
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