9438-21ORDINANCE NO. 9438-21
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE NEIGHBORHOOD AND AFFORDABLE
HOUSING ADVISORY BOARD; AMENDING CODE OF
ORDINANCES, CHAPTER 2, ARTICLE III, DIVISION 9A,
SECTIONS 2.226 THROUGH 2.229; PROVIDING FOR ANNUAL
AUGMENTATION OF THE NEIGHBORHOOD AND
AFFORDABLE HOUSING ADVISORY BOARD BY RESOLUTION
OF THE CITY COUNCIL, TO APPOINT THE AFFORDABLE
HOUSING ADVISORY COMMITTEE; PROVIDING FOR THE
APPOINTMNENT OF AN ELECTED LOCAL OFFICIAL TO THE
COMMITTEE; PROVIDING THAT THE ELECTED LOCAL
OFFICIAL ATTEND BIANNUAL REGIONAL WORKSHOPS;
PROVIDING FOR THE WITHHOLDING OF FUNDS SHOULD
ELECTED OFFICIAL FAIL TO ATTEND WORKSHOPS;
PROVIDING FOR THE ANNUAL REVIEW OF POLICIES AND
PROCEDURES, ORDINANCES, LAND DEVELOPMENT
REGULATIONS, AND ADOPTED LOCAL GOVERNMENT
COMPREHENSIVE PLAN TO FACILITATE AFFORDABLE
HOUSING, AND FOR THE ANNUAL SUBMISSION BY THE
COMMITTEE OF A REPORT REGARDING SAME TO COUNCIL
AND THE STATEWIDE AGENCY OVERSEEING THE
AFFORDABLE HOUSING CATALYST PROGRAM IN
ACCORDANCE WITH SECTION 420.531, FLORIDA STATUTES;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 7981-08 established the Neighborhood and
Affordable Housing Advisory Board as the Affordable Housing Advisory Committee
("Committee"); and
WHEREAS, Ordinance No. 8068-09 provided for the Affordable Housing
Advisory Committee to be constituted every three years, as previously statutorily
mandated, and for the termination of terms of the Committee following completion of
its periodic duties; and
WHEREAS, it has been statutorily mandated that the Committee include an
additional member, specifically, an elected official from each municipality
participating in the State Housing Initiatives Partnership Program; and
WHEREAS, it has also been statutorily mandated that the Committee shall
review the established policies and procedures, ordinances, land development
regulations, and adopted local government comprehensive plan and recommend
specific actions or initiatives to facilitate affordable housing, and submit a report to
the local governing body and to the entity providing statewide training and technical
assistance for the Affordable Housing Catalyst Program which include
Ordinance No. 9438-21
recommendations on the implementation of affordable housing incentives annually;
and
WHEREAS, the locally elected official serving on an advisory committee, or a
locally elected designee, must attend biannual regional workshops convened and
administered under the Affordable Housing Catalyst Program as provided in section
420.531(2), Florida Statutes; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Code of Ordinances, Division 9A, Sections 2.226 through 2.229 is
hereby amended to read as follows:
Sec. 2.226. - Creation; membership.
(1) There is hereby created and established the Neighborhood and Affordable
Housing Advisory Board of the City of Clearwater.
(2) The board shall consist of a minimum of seven members and augmented by one
to four members tr-iennially annually appointed by resolution of the city council
pursuant to section 2.228(4), who are residents of or conduct work in the city.
Members shall be appointed by the city council. The board shall include the
following:
1. One citizen who is actively engaged in the residential home building industry in
connection with affordable housing.
2. One citizen who is actively engaged in the banking or mortgage industry in
connection with affordable housing.
3. One citizen who is actively engaged as an advocate for low-income persons in
connection with affordable housing.
4. . One citizen who is actively engaged as a not-for-profit provider of affordable
housing.
5. One citizen who is actively engaged as a real estate professional in connection
with affordable housing.
6. One citizen who resides within the City of Clearwater.
7. One citizen who represents employers within the City of Clearwater.
Of the initial appointments, three members shall be appointed for a term of four
years; two members shall be appointed for a term of three years; two members
shall be appointed for a term of two years. Thereafter, appointments shall be for a
term of four years. A member, including a member initially appointed for term of less
than four years, may be reappointed for not more than one additional term. If a
vacancy occurs, a new appointment shall be made by the city council for the
unexpired term. Members shall serve without pay.
(3)
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Sec. 2.227. - Officers; conduct of meetings; staff liaison.
(1) The board shall elect from its membership a chairperson, a vice -chairperson, and
such other officers as the board may find necessary. Each officer of the board shall
serve for a term of one year. The chairperson shall not serve consecutive terms as
chairperson.
(2) The board shall adopt rules of procedure to govern the conduct of its business.
The board shall hold at least one regular meeting every three months and may hold
regular meetings more frequently as the board may agree, but not more than one
regular meeting shall be held per month. Special meetings may be called as is
necessary by the chairperson, or by any three members, upon not less than 24
hours written notice. A quorum shall consist of the majority of the members currently
serving. In the presence of a quorum, board business shall be conducted by a
majority vote of the members present and voting. The board and its members shall
comply with the public records and public meeting laws and other applicable laws of
the State of Florida.
(3) The city manager shall designate a city employee to serve as staff liaison for the
board and to assist the board in the performance of its duties, including the
appointment of a recording secretary to meet the administrative needs of the board.
Any request by the board for information, reports, or other significant work efforts
that will reasonably be expected to exceed eight hours of staff time shall require the
advance approval of the city council.
Sec. 2.228. - Powers and duties.
The board shall have the following powers and duties:
(1) Review the programs of the city which are directed to improving the physical
environment and lifestyle of low to moderate income people assisted by the
various federal, state and county housing and community development
programs the city receives, by:
(a) Assessing neighborhood needs;
(b) Formulating neighborhood goals and objectives;
(c) Establishing priorities for projects within neighborhoods;
(d) Monitoring programs; and
(e) Evaluating programs.
(2) The monitoring and evaluation of programs shall, as a minimum, include the
following activities:
(a) Attending and participating in public hearings regarding the programs;
(b) Reviewing condition data;
(c) Reporting citizen reactions to projects and programs;
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(d) Reviewing reports regarding projects and program activities;
(e) Reviewing goals and objectives and recommending priorities for the order
in which activities are to be undertaken; and
(f) Reviewing applications for the funding of selected programs.
(3) Make recommendations to the city manager and city council regarding such
programs.
(4) Carry out the duties of an advisory committee when and to the extent that an
advisory committee may be required for the various state, federal and county
housing and community development program funding the city receives.
Every thrce years year, the Board shall sit separately as the Affordable Housing
Advisory Committee (AHAC) according to F.S. § 420.9076. In addition to the
seven members, the Committee must consist of one locally elected official from
Clearwater, and few three additional committee members
from the following categories:
(1) One citizen who is a representative of those areas of labor engaged in
home building in connection with affordable housing.
(2) One citizen who is actively engaged as a for-profit provider of affordable
housing.
(3) One citizen who serves on the local planning agency pursuant to F.S. §
163.3174.
(4) One citizen who represents essential services personnel, as defined in the
local housing assistance plan.
The locally elected official serving on an advisory committee, or a locally
elected designee, must attend biannual regional workshops convened and
administered under the Affordable Housing Catalyst Program as provided in
section 420.531(2), Florida Statutes. If the locally elected official or a
locally elected designee fails to attend three consecutive regional
workshops, the corporation may withhold funds pending the person's
attendance at the next regularly scheduled biannual meeting.
The AHAC shall be appointed by resolution of the city council and shall have
the following powers and duties:
Review annually, the established policies and procedures, ordinances, land
development regulations, and adopted local government comprehensive plan of
the city and shall recommend specific actions or initiatives to encourage or
facilitate affordable housing while protecting the ability of the property to
appreciate in value. The board shall submit an annual report to the city and to
the entity providing statewide training and technical assistance for the
Affordable Housing Catalyst Program which that includes recommendations on
the implementation of affordable housing
incentives in the following areas:
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(a) The processing of approvals of development orders or permits and
expedited permitting for affordable housing projects.
(b) All allowable fee waivers provided
of -fee -payment for the development or construction of 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) Affordable accessory residential units—in
recirlontial zoning di tricis
(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.
(i) The establishment of a process by which the city 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.
The approval by the board of the city's local 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 board taken at a public hearing. Notice of the
time, date, and place of the public hearing of the board to adopt final housing
incentive strategies recommendations must be published in a newspaper of
general paid circulation in Pinellas County. The notice must contain a short and
concise summary of the housing incentive strategies recommendations to be
considered by the board. The notice must state the public place where
interested persons can obtain a copy of the tentative board recommendations.
Within 90 days after the date of receipt of the housing incentive strategies
recommendations from the board, the city council shall adopt an amendment to
its local housing assistance plan to incorporate the housing incentive strategies
it will implement.
The appointment of these four additional members shall terminate upon the
adoption at the end of each three year annual review by the city council of the
amendments to the Local Housing Assistance Plan.
Those other powers and duties of the affordable housing advisory committee
as are provided by law.
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Sec. 2.229. - Removal.
(1) The city council shall have the authority to remove any member of the board for
misconduct or neglect of duty.
(2) The city manager shall have the authority to remove any member of the board for
excessive absence as defined in section 2.066.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Laura Mahony
Senior Assistant City Attorney
AUG 1 9 2021
SEP 0 2 2021
Frank V. Hibbard
Mayor
Attest:
Lic
Rosemarie Call
City Clerk
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