Broward County Commission Regular Meeting


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AI-16975 45.       
Meeting Date: 06/24/2014  
Director's Name: Cynthia Chambers
Department: Environmental Protection Division: Planning & Development Management

Information
Requested Action
A. MOTION TO APPROVE an update to the Broward County Housing Linkage Fee Nexus Study prepared in 2007 to establish the current nexus costs per square foot for various employment categories for the purpose of considering the establishment of a countywide affordable housing linkage fee for new non-residential development.

ACTION:  (T-10:23 AM)   Approved.

VOTE: 9-0.

B. MOTION TO AUTHORIZE Purchasing Director to negotiate and execute an agreement with the Metropolitan Center at Florida International University for an only reasonable source contract for an amount not greater than $68,000 to update the “Broward County Housing Linkage Fee Nexus Study - Nexus Costs Per Square Foot” data, to establish the current nexus costs per square foot for different employment categories.

ACTION:  (T-10:23 AM)  The Board approved Resolution No. 2014-356.
 
VOTE: 9-0.
Why Action is Necessary
A. Board action is required to approve the update the 2007 “Broward County Housing Linkage Fee Nexus Study - Nexus Costs Per Square Foot” data.

B. Board action is required to authorize the Purchasing Director to negotiate and execute an agreement with the Metropolitan Center at Florida International University for an only reasonable source contract not greater than $68,000 to update the 2007 “Broward County Housing Linkage Fee Nexus Study - Nexus Costs Per Square Foot” data.
What Action Accomplishes
A. Approves an update the 2007 “Broward County Housing Linkage Fee Nexus Study - Nexus Costs Per Square Foot” data.

B. Authorizes the Purchasing Director to negotiate and execute an agreement with the Metropolitan Center at Florida International University for an only reasonable source contract to update the 2007 “Broward County Housing Linkage Fee Nexus Study - Nexus Costs Per Square Foot” data.
Is this Action Goal Related
Previous Action Taken
No Previous Action Taken
Summary Explanation/ Background
THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT AND THE PLANNING AND REDEVELOPMENT DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTIONS.

Motion A. 
On October 15, 2013, the Board held a workshop concerning affordable housing. One topic that was discussed was whether the Board would revisit the option, last considered in 2008, to establish a countywide affordable housing “linkage fee” to be assessed on non-residential development.

In 2007, the FIU Metropolitan Center prepared a Housing Linkage Fee Nexus Study for the County (Exhibit 1). As stated in the 2007 Nexus Study, “the premise of the housing linkage fee concept is that new commercial development will generate a range of occupations and wages that will, in turn, create the demand for new housing at various affordability levels.” The 2007 Study established a legally defensible nexus; in 2008, the Board considered adopting a fee that would be assessed and collected by the County prior to the application for a building permit, but the Board did not proceed, due to economic conditions during the fall of 2008.

At the above-referenced October 15, 2013, workshop, several Board members responded favorably to revisiting the linkage fee, but asked staff to investigate several items before bringing forward an agenda item, which included the following:

1. Determine whether the FIU-prepared 2007 Nexus Study data and analysis remains valid and legally defensible.

Staff Update
Concerning whether the 2007 Nexus Study data and analysis remains valid and legally defensible, staff’s position, in consultation with the Office of the County Attorney, is that the Study remains valid and legally defensible, subject to updating the “Nexus Costs Per Square Foot” data and analysis that is needed to establish the current nexus costs per square foot for different employment categories. Please see Exhibit 2 for the Table included in the 2007 Study reporting nexus costs per square foot.

2. Update the economic indicators used to support the 2008 decision not to proceed.

Staff Update
Staff has prepared an update of the above-referenced economic indicators (Exhibit 3).

3. Summarize existing affordable housing linkage fee programs in Broward County and the state of Florida.

Staff Update
Staff has prepared a summary of existing affordable housing linkage fee programs in Broward County and the State of Florida (Exhibit 4).

In light of the research and analysis conducted since the Board's October 2013 workshop, staff is recommending that the Board approve the preparation of an update to the 2007 Broward County Housing Linkage Fee Nexus Study to establish the current nexus costs per square foot for the various employment categories for the purpose of considering the establishment of a countywide affordable housing linkage fee for new non-residential development.

Motion B.
Staff also recommends that the Purchasing Division Director be authorized to negotiate and execute an only-reasonable- source-agreement with the FIU Metropolitan Center to update the referenced data and analysis. The Purchasing Division has reviewed and recommends approval of the only-reasonable-source justification at a cost of $68,000 (from Non-departmental Consultant Fund) as per correspondence from FIU. It is estimated that the update will be completed within approximately four months (Exhibit 5).

Should the Board approve the requested motion to update the 2007 Study data and analysis, staff anticipates returning to the Board late this summer/early fall to request approval of a Motion to Direct staff to work with the Office of the County Attorney to prepare an amendment to the Broward County Land Development Code (LDC) to establish a countywide affordable housing linkage fee for new, non-residential uses, including fee levels, credits, exemptions, use of revenues, and timing of fee assessments. Staff will hold workshops to encourage public participation from municipalities, the development community, and other affected and interested stakeholders.

Fiscal Impact
Fiscal Impact/Cost Summary:
The amount of $68,000 from fund 0010-028-1100-3400 (Non-departmental Consultant Fund) will be used to pay for the update of the Housing Linkage Fee Nexus Study - Nexus Costs Per Square Foot” data.
Attachments
Exhibit 1 - Housing Linkage Fee Study
Exhibit 2 - Nexus Cost per Square Foot
Exhibit 3 - Updated Economic Indicators
Exhibit 4 - History of Linkage Fees
Exhibit 5 - Sole Source Approval


    

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