Resolution 2024-32877 RESOLUTION NOI 2024-32877
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA,ADOPTING THE 2023 ANNUAL 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 ("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 City's AHAC was created pursuant to Chapter 58 of the City's Code of
Ordinances and consists of nine members; and
WHEREAS, AHAC held eight(8) public meetings during the months of January through
December 2023, and approved the attached 2023 Annual Incentives Review and
Recommendations Report, during an advertised public hearing held on December 19, 2023 in
accordance with Section 420.9076 (5) of the Florida Statutes; and
WHEREAS, a public comment period will be advertised from December 4,2023 to January
4, 2024; and
WHEREAS, a majority of the members of AHAC approved the 2023 Annual Incentives
Review and Recommendations Report during a meeting held on December 19, 2023, a copy of
which is attached to the City Commission Memorandum accompanying this Resolution; and
WHEREAS, pursuant to Section 58-151 of the City Code, within ninety (90) days after
receipt of the affordable housing incentive recommendations report from AHAC, the City
Commission must adopt the affordable housing incentive plan; and
WHEREAS, pursuant to Florida Statutes §420.9076(5) and Section 58-153 of the City
Code of Ordinances,the final 2023 report will be submitted by the City Manager or City Manager's
designee to the Florida Housing Finance Corporation.
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 adopt the 2023 Annual Incentives Review and Recommendations
Report from the Affordable Housing Advisory Committee.
PASSED and ADOPTED this 31 day of 74hua , 2024.
ATTEST:
FEB a 6 2024 Steven Meiner, Mayor
Rafael E. Granado, City Clerk ....,
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City:Attorney r,G/i (Date: z�
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MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: January 31, 2024
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,ADOPTING THE 2023 ANNUAL INCENTIVES
REVIEW AND RECOMMENDATIONS REPORT FROM THE AFFORDABLE
HOUSING ADVISORY COMMITTEE.
RECOMMENDATION
The Administration recommends the Mayor and City Commission adopt 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). The SHIP Program provides funding for the rehabilitation of housing stock
and homeownership opportunities for low and moderate-income households. In 1995, the City
Commission approved Ordinance No. 95-2989, establishing the legal infrastructure enabling the
City to receive SHIP Program funds derived from set-aside allocations from documentary
stamp levies on real estate transactions.
In 2020, House Bill (H.B.) 1339 amended the reporting requirements and replaced the triennial
report with an annual report that must be submitted to the FHFC by December 31. The report,
which includes recommendations on housing incentives, is compiled in conjunction with the
City's Affordable Housing Advisory Committee (AHAC or Committee) and approved by the
Mayor and City Commission.
According to Section 58-151 of the City Code, within ninety (90) days after receipt of the
affordable housing incentive recommendations report from AHAC, the City Commission shall
adopt the affordable housing incentive plan. The final report will be submitted to the FHFC by
the City Manager or the City Manager's designee.
ANALYSIS
Pursuant to Section 58-127 of the City Code of Ordinances, the AHAC currently consists of a
minimum of nine (9) members,with up to no more than eleven (11) members. Additionally, the
Committee must consist of one (1) locally elected official and one (1) representative from at least six
(6)of the following categories:
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• Citizen who is actively engaged in the residential home building industry in connection with
affordable housing.
• Citizen who is actively engaged in the banking or mortgage banking industry in connection
with affordable housing.
• Citizen who is a representative of those areas of labor actively engaged in home building
in connection with affordable housing.
• Citizen who is actively engaged as an advocate for low-income persons in connection with
affordable housing.
• Citizen who is actively engaged as a for-profit provider of affordable housing.
• Citizen who is actively engaged as a not-for-profit provider of affordable housing.
• Citizen who is actively engaged as a real estate professional in connection with affordable
housing.
• Citizen who actively serves on the local planning agency pursuant to §163.3174, Florida
Statutes.
• Citizen who resides 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.
Per Section 420.9076(5), Florida Statutes, the SHIP Program requires that: "The approval by
the advisory committee of its local housing incentives 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."
Currently, the AHAC is comprised of six(6)active members with (3)vacancies, primarily due to
recently having two (2)term-limited members. Between January 2023 and December 2023, the
AHAC held eight (8) public meetings. A majority of the members of the AHAC approved the
2023 Annual Incentives Review and Recommendations Report (attached) during an advertised
public hearing held on December 19, 2023. Although all AHAC meetings are noticed to the
public, pursuant to Florida Statutes, this particular AHAC public hearing has specific notice
requirements that are not required for other regular AHAC meetings. Additionally, a public
comment period was observed from December 4,2023 to January 4, 2024.
The Office of Housing and Community Services advised FHFC that because the AHAC did not
meet in November 2023 to approve the report, and the City Commission did not meet in
November 2023 to authorize the submission of the report, the report would have to be
submitted after December 31, 2023. The FHFC confirmed there is no penalty for the report's
submission after December 31, 2023.
The 2023 Annual Incentives Review and Recommendations Report describes the AHAC's
ongoing support of housing incentives pursuant to Section 420.9076(4), Florida Statutes.
Although not all strategies, from the Committee's perspective, are applicable to Miami Beach,
the AHAC was instrumental in supporting those strategies that incentivize the development of
affordable housing within the jurisdiction.
SUPPORTING SURVEY DATA
The Mayor and City Commission identified the need for workforce and affordable housing as a
Page 568 of 2002
key objective in the City's 2019 Strategic Plan Through the Lens of Resilience. The City's 2040
Comprehensive Plan prioritizes affordable housing, with the express goal "to encourage
redevelopment that provides workforce and affordable housing" within the City.
FINANCIAL INFORMATION
N/A
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida, acknowledge receipt of the attached Annual Incentives Review and
.Recommendations Report'submitted by the Affordable Housing Advisory Committee and
approves its submission to the Florida Housing Finance Corporation.
Applicable Area
Not Applicable
Is this a"Residents Right Does this item utilize G.O.
to Know" item,pursuant to Bond Funds?
City Code Section 2-14?
No No
Strategic Connection .
Mobility-Support affordable, compatible workforce housing.
Legislative Tracking
Housing and Community Services
ATTACHMENTS:
Description
O 2023 AHAC Annual Report
o Resolution
Page 569 of 2002
City of Miami Beach
Affordable Housing Advisory Committee (AHAC) Recommendations
Annual Incentive Review and Recommendation Report
December 2023
I. Background
Following the 2020 session of the Florida Legislature, the Governor signed House
Bill 1339 into law which, in pertinent part amended statutory requirements on SHIP
annual reporting and the Affordable Housing Advisory Committees (AHAC). To
ensure compliance with existing requirements in §420.9076(2), Florida Statutes,
the Mayor and City Commission adopted Ordinance No, 2020-4355 on September
16, 2020, which amended the composition of the AHAC to include a member of
the City Commission. The AHAC made several motions supporting the incentives
in 2022, which were subsequently passed as Resolutions or Ordinances and
increased their involvement in legislative action after the Ordinance was adopted.
In 2022, an AHAC meeting was convened to discuss incentives and formulate the
recommendations report on November 22, 2022. A public hearing for the Annual
Report was held on November 22, 2022, and the City did not receive any
recommendations.
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 20, 2022. Section 420.9076(2) of the Florida Statutes lists
the categories from which committee members must be selected. There must be
at least 9 committee members and no more than 11 committee members and
specify their terms. Effective October 1, 2020, the committee mut consist of one
locally elected official from each county or municipality participating in the SHIP
Program and one representative from at least 6 of the following categories:
• Citizen who is actively engaged in the residential home building industry in
connection with affordable housing.
• Citizen who is actively engaged in the banking or mortgage banking industry
in connection with affordable housing.
• Citizen who is a representative of those areas of labor actively engaged in
home building in connection with affordable housing.
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• Citizen who is actively engaged as an advocate for low-income persons in
connection with affordable housing.
• Citizen who is actively engaged as a for-profit provider of affordable
housing.
• Citizen who is actively engaged as a not-for-profit provider of affordable
housing.
• Citizen who is actively engaged as a real estate professional in connection
with affordable housing.
• Citizen who actively serves on the local planning agency pursuant to
§163.3174, Florida Statutes.
• Citizen who resides 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
category affiliation.
Name Category Represented
1 Jean Marie Citizen who is actively engaged in the residential home
Echemendia building industry in connection with affordable housing.
2 Darin Feldman Citizen who is actively engaged as a real estate
professional in connection with affordable housing.
3 VACANT Citizen who is actively engaged in the banking or
mortgage industry.
4 Commissioner Rosen A member of City Commission
Gonzalez, Chair
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 who resides within the jurisdiction of the local
governing body making the appointments.
8 VACANT Citizen who is a representative of those areas of labor
actively engaged in home building in connection with
affordable housing.
9 VACANT Citizen who is actively engaged as a provider of
affordable housing.
II. Public Hearing
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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 December 19, 2023. This meeting notice was advertised in the City's
regular weekly post of City meetings and the Miami Herald.
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. [Florida Statutes §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. Florida Statutes§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:
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Page 572 of 2002
1. Expedite the building permit process.
2. Waive City land use board fees.
3. Waive City mobility fees.
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.
On March 15, 2022, the AHAC made the motion to encourage staff to support the
waiver of the sustainability fee for workforce housing. On September 28, 2022,
the Mayor and City Commission adopted Ordinance 2022-4513, to provide
various fee waivers including sustainability fees for affordable and workforce
housing.
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. Florida Statutes §420.9076(4)(ciL
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 City Code of
Ordinance'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.
•
In September 14, 2022, the Mayor and City Commission approved 2022-32301,
directing staff to study and identify policies and programs that would further the
city's objective of incentivizing additional workforce and affordable housing.
On March 27, 2023, the Mayor and City Commission discussed an item related
to the "Transfer of Development Rights".
Current Recommendation: Reconfirm the City's commitment to this affordable
housing development incentive.
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Page 573 of 2002
d. Incentive: The reservation of infrastructure capacity for housing for very-
low-income persons and low-income persons. [Florida Statutes
§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.
e. Incentive: The allowance of affordable accessory residential units in
residential zoning districts. [Florida Statutes§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. [Florida Statutes§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.
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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.
g. Incentive: Flexible Lot Configurations -The allowance of zero-lot-line
configurations for affordable housing. [Florida Statutes §420.9076(4)(g)]
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.
'Florida Statutes §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.
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. 'Florida Statutes
§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
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Page 575 of 2002
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.
On October 25, 2022, The AHAC liaison provided a presentation to the Planning
Board on the role of the AHAC and motions passed in support of incentives that
create and preserve affordable and workforce housing.
Current Recommendation: The AHAC continues to review processes to
reduce the cost of housing and staff continues to work collaboratively with the
Planning Board to review ways to incentivize affordable and workforce housing.
j. Incentive: The preparation of a printed inventory of locally-owned public
lands suitable for affordable housing. [Florida Statutes §420.9076(4)(j)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.
In July 26, 2022, the AHAC invited Florida Housing Coalition to provide a
presentation on inclusionary zoning and density bonuses.
Current Recommendation: The AHAC continues to obtain more information
regarding inclusionary zoning and its feasibility in Miami Beach.
k. Incentive: The support of development near transportation hubs and
major employment centers. [Florida Statutes§420.9076(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 19th of December 2023, and
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Page 576 of 2002
are being submitted herewith for acceptance by the City Commission of the
City of Miami Beach, Florida.
Commissioner Kristen Rosen Gonzalez,
Chairperson
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