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P.H. 2021-31: (PUBLIC HEARING 2ND READING)
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, ENACTING A MORATORIUM TO PROHIBIT THE ACCEPTANCE OR PROCESSING OF ANY APPLICATION FOR A PERMIT, DEVELOPMENT ORDER, OR ANY OTHER OFFICIAL ACTION OF THE CITY HAVING THE EFFECT OF ALLOWING OR PERMITTING THE CONSTRUCTION OF LOW INCOME HOUSING TAX CREDIT PROJECTS (LIHTC) OR OTHER STATE, FEDERAL OR LOCALLY SUBSIDIZED AFFORDABLE HOUSING PROJECTS IN ORDER TO EVALUATE AND ADOPT HOUSING DECONCENTRATION POLICIES AND REGULATIONS; PROVIDING FOR VESTED RIGHTS DETERMINATION; PROVIDING FOR A SIX MONTH TERM TO BE EXTENDED IF NECESSARY BY THE CITY COMMISSION; PROVIDING FOR EARLY TERMINATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE
(Fiscal Impact: N/A)
FIRST READING: DECEMBER 8, 2020
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(Staff Contact: David Recor)
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Summary Explanation/Background:
Beginning in 2016, the City hired Lambert Advisory to evaluate the City’s market rate and affordable housing markets. Specifically, Lambert was engaged to provide an evaluation of inventory aimed at determining the rent-restricted, subsidized and market-rate housing inventory and conditions at the citywide, CRA and neighborhood level. His review included an analysis of both the subsidized, rent-restricted and market rate housing inventory and opportunities for investment at the Citywide and neighborhood level; and to provide strategy and policy recommendations. Lambert completed the evaluation and furnished the City with a study entitled “Affordable Housing Study Summary Findings” dated May 17, 2017 (the Study).
A concern raised by the Study is that “a large proportion of LIHTC units are being developed in census tracts where there is already a concentration of existing rent restricted or subsidized units;” and concentration of low income families has a very real impact on families and neighborhoods.” The Study emphasized that policies which promote the production of rent restricted affordable housing must do so in a way which concurrently encourages deconcentration of that housing.
The City has determined that it is in the best public interest to implement the policy recommendations of the Study to the extent practicable or such other measures as deemed necessary to further the City’s deconcentration objectives. Staff is proposing a temporary moratorium on the processing of applications for and the issuance of building permits, development permits, site plan approvals, requests for funding matches or any other official action of the City of Pompano Beach having the effect of allowing further concentration of LIHTC and other state, federal or locally subsidized affordable housing projects (Subsidized Housing). This will allow time to review, study, hold public hearings and prepare and adopt an amendment or amendments to the City’s Consolidated Plan, Zoning Code and Comprehensive Plan or other City regulations.
Any property owner claiming to have vested rights or desiring to retain certain rights affected by this moratorium may file an application with the Development Services Director for a vested rights determination, in accordance with procedures outlined in Section 155.2429.
Recommended revisions since first reading.
1. As discussed during first reading, language was added to automatically vest projects that have approved Development Orders and/or active projects that been reviewed by the Development Review Committee (DRC).
2. After first reading, further discussions took place amongst staff in Development Services, City Attorney’s Office, the CRA and City Management. The culmination of these discussions was to recommend the ordinance be revised to apply the temporary prohibition only if the designated location of the proposed new Subsidized Housing would result in a clustering of such housing. For the purposes of the Moratorium, the term “clustering” means any Subsidized Housing that would be located within a one-half mile radius of another existing or proposed subsidized housing project. In addition, staff is recommending the moratorium exclude detached single-family dwellings. Finally, staff is recommending the moratorium be reduced from six months to four months.
These recommended revisions are included in the “revised” ordinance. A color coded version of the ordinance has also been provided to clearly highlight the recommended changes.
Origin of request for this action: Development Services
Fiscal impact and source of funding: N/A
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