##VIDEO ID:kw40YvKkuIc## e e e e e e e e e e good evening we're going to get started with the affordable housing Workshop to talk about the live local act today is September 18 18th 2024 the time is 5:46 pm. uh this is a workshop in order to inform the public and and the commission of some of the changes that have been made on on the state legislation Rel relating to affordable housing and C Bill 102 um let us start off with a invocation and then we'll have the Pledge of Allegiance dear Lord we would like to thank you for this time this place this opportunity for us to be in this space in the city of opaka once again to provide the public with information that is pertinent to the growth and development of the city and we hope that through your guidance and your will that this information will go out to the public and the decision making that needs to be done will be fruitful in your sight in Jesus name we pray amen amen pledge Al to the flag of the United States of America to the Republic for which it stands one nation under God indivisible justice for all thank you very much while the weather is a little inclement today uh we still feel that it's a need to forge ahead and at least make an initial presentation of our Workshop um we do have a section for public comment um being that there's not too many people available I think we will will forego that and move right into the discussion items first and foremost my name is Gregory gay and the director of planning and Community Development for the city of opaka we have with us Mr Geral Lee who is the zoning official Mr Solomon boli who is the economic development manager and we have Mrs Diana Chang who is our executive secretary and Clerk we are here today to discuss the Florida live local act which is Senate Bill 102 which was passed in July well it it was passed in 2023 and signed by the governor on July 1st of 2023 this is new legislation um which basically preempts a lot of things in relationship to how development mov moves through the city approval process um it does address some things as it relates to rent control it hits on some items as it relates to the process for approval of of projects and it speaks toward um the avalor taxes and finally it it it does promote opportunities for um program prrams that the that that can be pushed on the local level we do have a presentation um that Mr sa boli will be providing to give you some more in-depth information as to what this new law does and how the city can effectuate change in relationship to this law so I will hand it over to Mr boli who will speak on the discussion items that are before us thank you director gay my name is s Ben with economic and Community Development under the offices of our director gay of planning zoning and Community Development for the city of opaka to mitigate the housing crisis on March 29th 2023 the governor Rond de sentes signed Senate Bill 102 AKA also known at leave local act into law representing the largest investment towards Housing Initiative in the history of the State of Florida this Landmark legislation took effect July 1st 2023 the legislation itself addressed changes to local government Land Development codes sb102 as is officially called make several changes to Florida law impacting how local governments can treat certain proposed affordable housing developments it also changes What policies local governments May enact to address housing these changes align with the flaa legislates substantially right of section 420 00003 Florida statute which encourages private development of affordable housing this section requires local government to provide incentives such as density bonus incentives to encourage the private sector to be the primary driver for developing qualified Housing Development the same statue addresses the rent control sb102 amends section 12513 and section 16643 Florida statute to remove local government authority to Ena rent control previously local governments could to enact Nest control measures via a referendum for a period not exceeding one year in instances where such controls were necessary and proper to eliminate an existing housing emergencies so gra so grave as to constitute a serious menace to the general public the preemption of rent control included in sb102 in part a response to recent rent control referendum approved by Orin County voters but subsequently invalidated by the courts sb102 addresses Economic Development Community engagement sustainable growth Economic Development the ACT empowers local governments to take more active role in driving economic growth and job creation within their communities it provides municipalities with additional tools and resources to attract new businesses supports existing Enterprises and Foster a thriving local economy with a community engagement the legislation encourages greater civic participation and Community involvement by establishing new Avenue for residents to voice their concerns share their ideas and collaborate with local officials this emphasizes on grassroot engagement aims to ensure that decision making processes are more inclusive and responsive to the needs of the people the sustainable growth sb102 as it is officially called also addresses the critical issue of sustainable growth enabling local governments to implement more effective land use policies promote eco-friendly infrastructure and preserve the natural resources that are so vital to flly Unique ecosystems and E equ of Life the statue also addresses development incentives sb102 makes several changes to section 125.0 1055 and section 16641 51 Florida statue which will preempt local governments from enacting policies that will hinder the the development of sent affordable housing projects the sunet October 1st 2020 2033 sb102 requires local governments make multif family and mix use residential allowable uses in area zone commercial industrial or mix use if at least 40% of the proposed developments multif family residential rental units are affordable as Divine as defined under state law for at least 30 years sb102 further preempts local governments from taking several action that might hinder the development affordable multif family housing it further proit prohibits local governments from requiring a proposed affordable multif family housing development of main a zone change land use change special exception conditional use approval variance or comprehensive plan Amendment for the building Heights zoning and densities authorized under Section 12510 55 and section 166 041 51 of Florida statute sb10 sb102 also requires mixed use residential affordable multif family housing projects have at least 65% of the total square footage dedicated to residential purposes it Furs prohibits local governments from restricting the density of a proposed development of affordable multif family housing below the highest allowed density of any land under its jurisdiction where residential development is allowed it prohibits local governments from restricting the height of a proposed affordable multif Family Housing Development below the highest the highest height for a commercial or residential development located in its jurisdiction within one mile of the proposed development or three stories whichever is higher sb12 removes zoning decision making Authority from local government governing bodies by requiring that affordable multif Family Housing Development be administratively approved under the condition if the development complies with regulations for multif family development in areas zoned for such uses and is consistent with the comprehensive plan with the exception of provision establishing allowable densities height and land use sb102 requires local local government consider parking reduction for proposed affordable multif Family Housing Development where the development is a half mile from a major Transit stop that is accessible from the development it is it is we need to emphasize that only the city commission can reduce the parking requirements sb102 requires those municipalities that designates fewer than 20% of the land area for commercial or industrial uses authorize a proposed mix use residential affordable multif family housing projects in in areas zone for commercial or industrial uses the amendment to sb12 of this section also removed the prohibition on developers of affordable housing receiving funds from the state apartment incentive loan s program provided that 10% of the units are dedicated to affordable housing SBA 102 addresses local government Administration and affordable housing SBA 102 amend section 125 379 and section 166 0451 FR FR statue that requires local local government list real property owned in fee simple by any dependent special district within the within the local government jurisdiction that is appropriate for affordable housing as well as requiring the inventory list of properties be publicly available on the local government website those properties may now also be used for affordable housing through long-term land leas requiring the development and maintenance of affordable housing SB 102 amendment to d section also encourage ordinances adopting best practices for suplus land programs these best practices include establishing eligibility criteria for the receipt or purchase of suplus line by developers making the process for requesting subplus line publicly available and ensuring long-term affordability through ground Lees by retaining the rights of of TR refusal to purchase property that will be sold or offered at market rate and by requiring the reversion of property not used for affordable housing within a certain time frame sb102 amends section 553 792 from the statute to require local governments maintain a policy containing the procedures and expectation for exp exped processing of building permits and development orders that are required to be expedited on the local government website sb102 talk by tax incentives SB 1026 to encourage development of affordable housing by lessening the Associated Tax tax Bing on developers these the tax incentives first Ador property tax exception sb102 enacts two separate ad vorum tax exceptions available to owners of property used for affordable multif Family Housing Development under Section 196 1978 paragraph 3 and section 1961 1979 Florida statute a taxpayer may receive one of these exceptions exception one section 1961 1978 paragraph 3 section 796 7978 paragraph 3 Florida statute make portion of property in a multif family project legible for ta Exception by deeming such property to be used for a charitable purpose to be elgible the property must provide affordable housing to those meeting the income limitations the property must be within a multif family project containing more than 70 units dedicated to affordable housing that was subst substantially completed within five years before the taxpayers for submission of a request for for certification or an application for a property tax exemption the affordable housing units must be rented for an amount that does not exceed the lesser of the multi family rental programs income as promulgated by the flaa Housing Finance Corporation fhfc or the rental market study which the taxpayers is required to complete the section requires the qualified property which is available to how to house those and annual household income is about 80% and Below 120% of the median annual adjusted gross income for household within the Metropolitan statistical area MSA or for households in County that is now within the MSA receive an adoram property tax exception of 75% section section 1961 979 perm local government to adopt an ordinance exception portion of property used to provide affordable housing by deeming the property as being used for a trable purpose to qualify for this exemption the portion of the property must be used to house those whose annual household income is either less than 30% or between 30 and 60% of the media annual adjusted gross income for for households within the MSA or the county where the person or family resides if not reside residing within the MSA the property must also be within a multif family project within at least 50 at least 50 residential units 20% of which are used to provide affordable housing the affordable housing units must be rented for an amount that does not exceed the lesser of the multif family rental programs income as prated by the fhfc or the rental market study which the taxpayers is required to complete the development may not have more than three local code citations in the last 24 months or the development have non remediate code violation or on unpaid code related charges if all the residential units in a multif family development are not affordable housing then the pro property ex exemption may be up to 75% of the assets value of each residential unit providing affordable housing if all the residential units are affordable then the exception may be up to 100% of the assets value of the multif family residen unit providing affordable housing sb12 addresses the sales rental use consumption distribution and storage tax exception SB 102 am made section 21208 of the fraed statue by creating a tax exception for affordable housing building materials affordable housing building materials include all tangible personal property that becomes a component of the newly constructed residential unit in an affordable housing development to receive this exception the person claiming the exception must file an application with the fla Department of Revenue do and include all the application materials listed in this section which includes invoices showing the actual cost of the building materials and sales tax paid local government and nonprofit that pay for building materials from Community Development block grant funds funds from State housing initiatives partnership ship program and the like may also apply for these exceptions applicants must be application must be submitted within six months after the eligible residential United is deemed substantially completed by the local building code inspector only one exception through a refund on paid taxes may be claimed per eligible residential unit such refunds will not be grinded unless the amount of the refund is between $500 and the lesser of 5,000 or 97.5% of the Florida sales used tax paid sb1 102 addresses the local the leave local Corporation income franchise tax credit to qualify for this a corporate income and franchise T credit of 100% for eligible contribution of the leave local programs as codified in section 42087 2 FL statute this credit may be applied against any tax deal for a taxable year under chapter 2 220 Florida statute the taxpayer must apply for the credit after the application of any other allowable credits the taxpayer must make the contribution before the taxpayers is required to file a return these credits must be reduced by the difference between the amount of federal corporate income tax taxpayers is requir considering this credit granted and the amount of Federal corporate income tax without application of this credit but this credit does not reduce the amount of tax due for purposes of determining whether the taxpayer complied the requirements to pay tentative taxes the tax credit cap amount is 100 million per fisical year those looking to take advantage of this tax credits when apply for do Department of Revenue approved tax credit may be carried forward for a period not to exceed 10 years if a taxpayer wishes to convey transfer assign or carry forward a tax credit for another entity he may only do so if the taxpayer conveys assigns or transfer all of his assets in the same transaction the tax must notify Department of Revenue do before transferring conveying or assign the tax credit to another member within an Affiliated group of Corporations sb102 identify State programs sb102 amend section 201 1.15 fla statutes diverting the lesser of 8% or the remainder of taxes collected or 150 million each fiscal year to fund the state Housing Trust Fund sb1 102 also creates section 420 871 flooded statutes with direct funds derived from this increased Revenue to the trust fund to be distributed by the fhfc for Innovation affordable housing projects that section directs F hfc to allocate the funds toward competitive applications for affordable housing projects 70% of the funds shall go towards projects that redevelops existing affordable housing or construct such housing near existing redeveloped affordable housing address urn infield provide for makes use of the location or provide for housing near military installation the remaining 30% of the funds shall go to projects that propose using or leising public lands for affordable housing addressing the housing needs of young adults that have aged out of for foster care meet the needs of the elderly or provide housing to meet the needs in areas of rural up opportunity section 201 1.15 FL the statue sunset July 7 2023 and section 420 877 FL the statute Sunset June 30th 2033 sb102 amend section 28877 FL the statue authorizing the governor to approve funding recommendation by Enterprise Florida the state or local public infrastructure project to facilitate development or construction of affordable housing sb12 further also substantially rewrite section 420 .003 FL statute which outlines FL FL policy regarding state funded development that section now emphasiz sies minimizing sprawl and the separation of housing from employment and services it also requires public and private Partnerships emphasize production and preservation of affordable housing and requires existing affordable housing stock be preserved and improved sb102 further creates the fla home Hometown HERO program codifying it in section 42050 n6 FR fra statue the program allows borrowers to apply to the fhfc for a loan to reduce the down payment and closing cost by at least $70,000 and up to 5% of the first mortgage loan not to exceed $35,000 the this program requires that these loans be made at 0% interest rate and be available for the term of the first mortgage the borrower must seek to purchase the home as is or a primary residence be a firsttime home buyer unless the the borrower is in the armed services of Florida National Guard or be a Florida resident and be employed full-time by a Florida based employer or self employ on the arising while sb102 has a number of Provisions that took effect on July 1st 2023 it also directs state agencies and local governments to take action for example section 4203 BL statue encourages local government to adop ordinances to promote Innovative Housing Solutions such as utilizing publicly held land to develop a affordable housing the section also encourages local government to engage in community-led planning focusing on Urban infield flexible zoning Redevelopment of commercial property into mix use property resilience and furthering development with pre-existing Public Services it encourages the development of of policies that maximizes high density highrise and mixtures as well as as well as mixed income projects it even encourages the development of policies to modernize housing specifically naming things such as homes 3D printed homes and accessory dwelling units additionally sb102 amend amend section 725 379 and 76604 57 F the statutes encourages local government to enact ordinances adopting best practices for suplus land programs these best practices include establishing eligibility criteria for the receipt or purchase of suplus land by developers making the process more for requesting suplus land publicly available and ensuring long-term affordability through ground Lees by retaining the right of first refusal to purchase property that will be sold or offered at market rate and by requiring the re reversion of property not used for affordable housing within a certain time period local government that wish to enact an ordinance providing for an adum tax exception under Section 796 7979 Florida statue we have to do so in accordance with the provisions and restrictions set out in that section sb102 also directs fhfc to adopt rules relating to the adorm exceptions available under Section 196 7978 paragraph 3 Florida statute it directs Department of Revenue D to adopt rules governing the administration of the tax exception on the SE 21208 and 2201 1878 of Florida Statutes these rules must comply with sb102 newly enacted provision impact on our local governments the economic Revitalize revitalization the ACT is expected to Spa economic growth and job creation in local communities as municipalities leverage new funding and Regulatory flexibility to attract Investments support small businesses and Foster an environment conducive to entrepreneurship and Innovation enhance quality life of our community by empowering local governments to address community specific issues sb102 can lead to Improvement to infrastructure and overall quality of life for flored residents by reducing the time frame for development approval therefore accelerating residential development this include better maintain roads improve public transit and the development of new recreation spaces and green areas and these are the next steps that's recommended by the department ongoing monitoring and evaluation Regional coordination and collaboration advocacy and policy engagement continuous Community involvement yeah ends our presentations for SBA 102 AKA live loal act thank you Mr Ben COI as you can see there's a great deal of information that was just presented as it relates to how the sb102 live local Act is to be applied and just to let you know it is already been um signed and approved as a law and it's been in place since 2020 the summer of 2023 staff has been working on developing an ordinance to in essence look at how there are certain aspects of sb102 and how they could be uh modified and geared toward the city of opaka in addition to some of the regulations that that are already in place one of the things that that we would like to point out is that while sb102 does kind of speak more toward zoning changes land use changes and taking those particular aspects of of directing policies and procedures um modifying our our zoning code staying consistent with our comprehensive code comprehensive plan um there are certain areas that are more that s sp102 speaks to more so than others it speaks toward commercial properties it speaks toward industrial properties it speaks toward properties that are zone mix use if you were to look at our land use plan um you could easily assess that almost 50% of the city of opaka is zoned industrial a quarter of that is the opaka Executive Airport which is under Miami day County control so there's a there's a a a large amount of properties that are not within our even though they're within the municipal boundaries they're not within the city's jurisdiction as to dictate how those particular properties are controlled and I I can pretty much tell you that um with the airport you can see that a majority of their properties are being reposition especially along the fringed areas of of the airport toward Industrial and Commercial uses so we already see those things beginning to occur on the airport property perfect example of that would be the the Amazon Redevelopment that took place about two or three years ago there's an additional half million square feet um that is being developed right now on the Eastern edge of the airport along the leun Douglas uh connector which is going to be bring another amount of commercial and Industrial uses to our city so for those particular areas sb102 is pretty much in place to try to accelerate the development and approval process for those particular entities now even though s sp102 does speak toward housing there are housing opportunities that can be placed in those areas that are zoned for commercial mix use or industrial I can probably speak more toward the commercial uses and the mixed use uses as those are areas that are pretty much under the control of the city of opal's comprehensive plan and and Zoning code and areas that are outside of um the airport operations that gives us an opportunity to look at those particular areas and see how we would like to apply the ordinance in relationship to those particular uses within the ordinance it it does speak toward um the city commission having being able to determine that the appropriate amount of public interest would be through the act in the areas that are Zone B2 B3 i1 our Innovative and Technology District our mixed use uh overlays which are primarily along our commercial corridors the opalocka Avenue area 27th Avenue 22nd Avenue and 135th Street are those particular areas that fall within the mix category and our Historic downtown opaka district which is a new zoning category that we've created specifically to address growth concerns within our downtown district our downtown district pretty much covers the areas from 27th Avenue going west along opaka Boulevard to the Lun Douglas connector and portional areas uh adjacent to shaherzad Boulevard within the city and along fisherman street so that pretty much makes up the areas of our historic downtown opaka district we see these areas as the areas that will be mostly impacted as relates to commercial uses and mixed use development opportunities within the city of opaka um and as I was saying before we no knowing that the comprehensive plan which we just recently had the update approved um is still going to carry some some significance as it relates to those particular uses um especially along the lines of mix use being implemented within those commercial Corridor areas we we are definitely looking to create opportunities for more affordable housing while the legislation speaks toward a higher density for um or a higher amount of unit counts for for residential development and mix use development um opaka within its 4.2 4.3 square miles um there is not a whole lot of areas that are Zone commercial matter of fact our commercial makes up approximately 10% of our land mass um we do see that as uh somewhat of a barrier that we would need to have some modifications to our code in order to address that there are certain areas within our zoning code that have setback requirements um which may would need to go through a betting process in order to relax those setback requirements along with the concerns for parking and while parking is pretty much the main driver for development within the city um if you are within a quarter mile of a Transit stop or a Transit Corridor parking reduction opportunities may be suitable for those particular developments but if your distance is greater than that and even though the sb102 speaks toward a half mile I would venture to say that a a half mile may be even somewhat of a challenge especially during inclement weather or even on a bright sunny day um to to be able to go from a residential point to either a a a Transit stop or even to your place of business or or or uh occupation for for your business so there would need to be some modifications and we have prepared a a zoning uh well actually an ordinance that speaks toward that particular concerns so we offer that as information I spoke to some of the areas that would be most critical um as relates to some modifications that need to be made even though sb12 spoke about the height and and having relaxations for the heights of buildings we still do understand that we are in close proximity to opaka uh Executive Airport and the finals approvals for height limitations are pretty much still dictated by the the Federal Aviation Administration we've had some Communications with the Aviation Administration locally um to look at opportunities where height um height modifications can be an opportunity as it stands right now the highest height that you can have within the city of opaka is about eight stories or about 90 to 95 feet um we are looking at modifying that legislation to allow for a greater height up to 120 125 ft which would come to be about 10 between 10 10 to 11 stories so we are looking at having that as a part of an additional modification within this particular ordinance to address those particular issues uh the one thing that sb102 does speak to and we are looking to see how this could be best utilized for projects that meet all of the code requirements um if you meet your parking if you meet your height you meet your densities and and unit counts and and and all the things related to that and this is going beyond the areas that are affected within sb102 some of our zoning areas where the zoning is R3 or R4 have a greater opportunity for for density a greater opportunity for height a great opportunity for for more development just as in sb102 um it pretty much lines out that those particular projects should be approved through an administrative review process um we're looking at opportunities to see where properties that meet the code requirements can also go through an administrative review process as well so that's another aspect that will be included within the ordinance that will be brought before the city commission for their consideration that pretty much covers how we are looking to address this um I believe we've kind of discussed some of the we we discussed the live local act as it is um the in the economic development opportunities and benefits which will definitely increase uh the density of the city as well as the population of the city overall that can be viewed as a greater opportunity for uh increasing the tax base for for the city as well as far as Community engagement um we are still looking to get this information out to the public to get feedback from as many of the residents and Commercial and industrial property owners within the city that this could potentially have a impact on especially for those areas that are Zone industrial if someone is interested in doing a mix use project in that area or if someone wants to do something where they want to have housing for their employees at an industrial site or a commercial site we have to look at those particular opportunities as well and at the end of the day we want to sustain the overall growth of the city I've I've always had a phrase with um my staff and i' I've made it publicly known that our job is basically to grow the city to grow the city in terms of development to grow the city in terms of economic viability and and sustainable opportunities so we are basically looking to continue in that particular vein sb102 is a legislation that has come forth and we are seeking the best way to move this particular item forward while at the same time being able to maintain the level of of of development and and controls as for for development that the city has in place right now that goes for our presentation uh if there's any questions um you do have an opportunity to email them in for those of you who may be watching this on a t delay basis but if you have questions right now that you would like to bring forth and we can try to address them now or we can at least write them down and hopefully have a response I see we have one of one of our elected officials uh commissioner Kelly who's here thank you um J kelly5 um thank you for the presentation first of all thank you for the uh presentation I know the weather's bad but at least the information goes out um you addressed me and my concerns but I wanted to um ask you I guess this legislation really designed two prongs relaxation of the zoning code obviously and uh tax relief to incentivize developers to um to build housing um and you mentioned potentially in industrial areas where you could have mixed use um and of course downtown some of those things the question I wanted to raise is buildings that exist how would they possibly be looked at in terms of retro fitting them for um this happening and then I I'll ask you then you can just answer them all the other ones I have uh you mentioned about um as you're crafting the ordinance and I know you're working on it some of the things that they're asking governments to do with regard to uh new policies and procedures Etc you plan to incorporate all of that um in the new ordinance that you're proposing to bring to the uh commission but as of course I'm always concerned about parking I understand the challenge and the relaxation of it I also um in my only research and I could be wrong so I stand corrected I know there are some possible areas within the CRA District that might um fit the criteria that maybe someone may want to build or develop and I mentioned on the C but I know that's still in the cop Paka so uh the other question I wanted to ask you um how many years do you have um to potentially do this or rehab a building what's that time frame as part of the procedures going on and then my last question are there any areas now since it's actually about a year old or a little older um of developments that you've seen so far that we can look at maybe not as a blueprint but we'll see what they're doing with regard to I I think there's one and again my research may not be correct that's happening in North Miami I believe um but if you could just those are some the questions I have but again thank you presentation and information that's going forward thank you I I'll listen for the answers okay thank you very much um as it relates to the time frame um for this particular legislation it pass in the legislative session in 2023 and was approved and signed by the governor in July of 2023 so my understanding based on this legislation supposed to be in in existence for 10 years through 2033 so you have within that time period where the rules are being relaxed as it relates to development I know Mr Ben has some more information regarding some of the retrofits and areas addressing some of the CRA areas and and and mentioning some of the case studies that we are keeping our eyes on as it relates to potential um I years I was thinking what the rehab part or that may doing still 10 years no matter what no yeah the rehab the SB 102 102 only addresses new developments it does not give Avenue for Rehab of any any building of any structure that that's really the question I was asking okay yes and in relationship to um the case studies um we are aware that there have been about four or five proposals for um projects to be developed through this live local lack process and just like the city of opaka other municipalities are trying to figure out the best way to approach it and and to deal with this de deal with addressing it through through its processes there are even I believe two municipalities that I am aware of that are actually opposed to the adoption of sb102 and they are litig preparing for litigation to go in in another Direction I know counties you know some County Commission is not thrill it either so yeah yes so as it relates to the areas within the CRA I mean as as Mr boli said this is pretty much geared toward new development and we know that's one of the initiatives that the CRA has been working with promoting increases in updates of of housing multif family mixed use housing within their particular areas uh the CRA is pretty much within a lot of the commercial areas and some of the residential areas so that's really a primary focus of theirs um they have maybe less than less than 10% of their total land mass is for industrial so they are primarily more so focused on residential and Commercial okay and as as I was saying before uh for those of you who are watching this possibly on a tap delay basis uh you do have an opportunity to email or or send in your questions to our staff um we have email availability my email address is g g y opalak fl.gov you can send it to me or you can send it to our department our emails are also available on the city website our phone number is 305 953 2868 extension 154 okay um with that being said and we pretty much have exhausted the agenda if there's no other questions or concerns we'd like to thank you for being a part of this Workshop if we schedule another one we will definitely get the information out so that we can have more participation and hopefully the weather will cooperate so we can go ahead and declare this Workshop adjourn thank you