HomeMy WebLinkAboutDocumentation_Local Planning Agency_Tab 02_11/16/2023 Agenda Item #2.
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Local PlanningAgency
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STAFF MEM
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Meeting: Local Planning Agency - Nov 16 2023
Staff Contact: Jeremy Hubsch Department: Community Development
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA,
AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING. ARTICLE VI.
SCHEDULE OF DISTRICT REGULATIONS. BY CREATING A NEW DIVISION 3. ENTITLED
"AFFORDABLE HOUSING AND LIVE LOCAL ACT." TO PROVIDE AND IMPLEMENT
ADMINISTRATIVE PROCEDURES AND REQUIREMENTS FOR DEVELOPMENT OF
AFFORDABLE HOUSING PROJECTS PURSUANT TO THE FLORIDA LIVE LOCAL ACT;
PROVIDING FOR ENFORCEMENT, AND PROVIDING FOR PENALTIES FOR VIOLATIONS;
PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78.
ZONING SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED;
PROVIDING A CONFLICTS CLAUSE, SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
On March 29, 2023, the Governor of Florida signed into law Florida Senate Bill 102 known generally
as the "Live Local Act". The Live Local Act is a statewide housing strategy that aims to increase
affordable housing opportunities within Florida's communities. While the act may increase affordable
housing development throughout the state, it also preempts a local municipality's ability to regulate
certain aspects of multifamily or mixed-use residential developments. The Act requires municipalities
in Florida to allow multifamily or mixed-use residential development in commercial, industrial, or
mixed-use zoning districts, if at least 40% of the residential units in a proposed multifamily
development, are affordable as defined by the state (for a period of at least 30 years). The Act further
states that a municipality may not require a proposed multifamily development to obtain a zoning or
land use change, special exception, conditional use permit, variance, or comprehensive plan
amendment for the building height, zoning, and densities authorized by the act.
It states that a municipality may not restrict the density of a proposed development below the highest
allowed density on any land in the municipality where residential development is allowed. The highest
density currently allowed within the Village of Tequesta is 18 dwelling units per acre in the Mixed Use
Future Land Use District. The act also states that a municipality may not restrict the height of a
proposed development below the highest currently allowed height for a commercial or residential
development located in its jurisdiction within 1 mile of the proposed development or 3 stories,
whichever is higher. Virtually every property zoned commercial, industrial, or mixed-use in the Village
is within 1 mile of the R-3 zoning district (Beach Road), which allows buildings up to 11 stories or 101
feet. The only commercial properties that are not within 1 mile are Gallery Square North and a few
others to its west.
Beyond the exceptions to height and density, one of the more impactful aspects of the act is that it
states that "a proposed development authorized under this subsection must be administratively
approved and no further action by the governing body of the municipality is required if the
development satisfies the municipality's land development regulations". Under this provision, it is
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Agenda Item #2.
possible that some multifamily projects could qualify for administrative approval, without review by the
Planning and Zoning Board and Village Council.
The Village is somewhat fortunate in one regard to the Act. It states that a "municipality that
designates less than 20 percent of its land area as commercial or industrial uses, must authorize a
proposed multifamily development in areas zoned for commercial or industrial use only if the
proposed multifamily development is mixed-use residential." The Village designates less than 20
percent of its land area as commercial or industrial, therefore a developer has to provide a mixed-use
project to qualify for some of the relief provided by the Act. The intensity standards in the Village's
Comprehensive Plan require a mixed-use residential project to be comprised of at least 20%
commercial uses. This means a developer cannot build a purely residential project to qualify for
administrative approval.
The proposed Ordinance will update the Village's Zoning Code to be consistent with the Live Local
Act. It establishes procedures for administrative review and what is required for a project to qualify for
approval by the Village. It clarifies that both the Community Development Director and Village
Manager will have to determine if a project meets all applicable sections of Village Code and
Comprehensive Plan before administrative approval signoff. It explicitly states that the Village is
comprised of less than 20 percent commercial or industrial uses, and that a development has to be a
mixed-use residential development to qualify. Finally, the ordinance states that a development must
be 20 percent or more commercial to be considered mixed-use.
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completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-
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Tequesta Live Local Affordable Housing Ordinance
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Agenda Item #2.
ORDINANCE NO. 17-23
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 78. ZONING. ARTICLE VI. SCHEDULE
OF DISTRICT REGULATIONS. BY CREATING A NEW DIVISION 3.
ENTITLED "AFFORDABLE HOUSING AND LIVE LOCAL ACT." TO
PROVIDE AND IMPLEMENT ADMINISTRATIVE PROCEDURES AND
REQUIREMENTS FOR DEVELOPMENT OF AFFORDABLE HOUSING
PROJECTS PURSUANT TO THE FLORIDA LIVE LOCAL ACT;
PROVIDING FOR ENFORCEMENT, AND PROVIDING FOR
PENALTIES FOR VIOLATIONS; PROVIDING THAT EACH AND
EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78.
ZONING SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE,
SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, on March 29, 2023, the Governor of Florida signed into law and
Florida Senate Bill 102 known generally as the "Live Local Act" (the "Act"); and
WHEREAS, the Act has been codified into Florida law at Chapter 2023-17, Laws
of Florida; and
WHEREAS, the Act contains broad ranging legislation intended to streamline and
incentivize affordable housing developments within the State of Florida; and
WHEREAS, the Act preempts certain use, density, and height regulations for
qualifying developments that provide for the development of affordable multi-family rental
housing in commercial, industrial, and mixed-use areas; and
WHEREAS, the Village Council of the Village of Tequesta supports affordable
housing and finds it necessary to revise the Village Code in order to establish equitable
and respectful regulations to guide the development of affordable housing projects in the
Village as permitted by the Act, and to adopt regulations for enforcing the requirements
of the Act and curing violations thereof; and
WHEREAS, one important feature of the Act provides that if a municipality has
designated less than 20 percent of the land area within its jurisdiction for commercial or
industrial use, it is only required to allow multi-family development pursuant to the Act as
part of a mixed-use residential development; and
WHEREAS, given that less than 20 percent of the land area of the Village is
designated for commercial and industrial use, any development of land approved
pursuant to the Act must consist of a mixed-use residential project as defined in the Act;
and
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Agenda Item #2.
WHEREAS, the Village of Tequesta Local Planning Agency has reviewed this
Ordinance and recommends its approval and adoption; and
WHEREAS, after review and consideration, the Village Council desires to adopt
the proposed amendments contained in this Ordinance; and
WHEREAS, the Village Council finds that it is in the best interest of the residents
of the Village to adopt this Ordinance.
NOW, THEREFORE, BE IT ORDAINED by the Village Council of the Village of
Tequesta, Florida that:
Section 1: The foregoing "Whereas" clauses are hereby ratified and
incorporated as the legislative intent of this Ordinance.
Section 2: Chapter 78. Zoning. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Article Vl. Schedule of District Regulations. by creating
an entirely new Division 3. Entitled "Affordable Housing and Live Local Act" to establish
equitable and respectful regulations to guide the development of affordable housing
projects in the Village as permitted by the Act, and to adopt regulations for enforcing the
requirements of the Act and curing violations thereof, providing that Chapter 78, Article
VI Division 3 shall hereafter read as follows:
CHAPTER 78. ZONING
Article VI. Schedule of District Regulations
Division 3. Affordable Housina and Live Local Act
Sec. 78-200. TITLE, APPLICABILITY.
This Division shall be known as the Village of Tequesta Affordable Housing and
Live Local Act. The provisions of this Division shall apply to any application for the
development of land authorized under Sec. 166.04151(7), Florida Statutes. Except as
otherwise provided herein, any application for the development of land shall comply with
all applicable procedures and requirements of the Village Code. Only properties within
the Commercial (C-1, C-2, and C-3) and Mixed Use (MU) zoning districts are eligible to
use the provisions of Sec. 166.04151(7), Florida Statutes.
Sec. 78-201. SITE PLAN REVIEW.
Ua Site plan review. Site plan review is required prior to any development of land as
further provided at Sec. 78-331 herein-below except that all referenced public
hearing recommendations and approvals before the Planning and Zoning Board
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Agenda Item #2.
or Village Council shall be conducted via administrative review.
Ub Administrative review. A site plan that complies with Sec. 166.0451(7), Florida
Statutes and the applicable Village Code provisions shall be subject to
administrative approval by the Director of Community Development and the Village
Manager, in lieu of any public hearings before the Planning and Zoning Board or
Village Council.
Sec. 78-202. DENSITY.
Any development of land pursuant to this Division and Section 166.0451(7), Florida
Statutes shall not exceed the highest allowed density permitted by Village
Comprehensive Plan and Village Code, under Sec. §166.04151(7), Florida Statutes.
Sec. 78-203. HEIGHT.
Any development of land pursuant to this Division and Sec. 166.0451(7), Florida
Statutes shall not exceed the maximum height permitted by Village Comprehensive Plan
and Village Code under Sec. §166.04151(7), Florida Statutes.
Sec. 78-204. DEVELOPMENT STANDARDS AND CRITERIA.
Ua General Requirements. In order to be eligible for administrative review, the
development of land pursuant to this Division and Sec. 166.0451(7), Florida
Statutes shall comply with the land development regulations for the multi-family
zoning district which sets the height for the proposed development; provided
however, a development that is 3 stories or less shall comply with the land
development regulations for the MU zoning district.
Ub Equivalent Treatment of all Dwelling Unit Requirements. All affordable dwelling
units and market rate dwelling units shall be located within the same structure. All
common areas and amenities shall be accessible and available to all residents of
both affordable and market rate dwelling units. Access to the required affordable
dwelling units shall be provided through the same principal entrance(s) utilized by
all other dwelling units in the development. In addition, the sizes and number of
bedrooms in the affordable dwelling units shall be DroDortional to the square
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Agenda Item #2.
footage and number of bedrooms in the market rate dwelling units (e.g., for number
of bedrooms, if 25 percent of the market rate dwelling units consist of two
bedrooms, then 25 percent of the affordable dwellina units shall also have two
bedrooms.
Lc) Mixed-Use Residential. Any site plan that is administratively approved pursuant
to this Division shall consist of a mixed-use residential project in accordance with
the provisions of Sec. 166.04151(7), Florida Statutes. For purposes of this
Division, a "mixed-use residential project" shall be comprised of no less that 20%
and no more than 80% residential uses, shall comply with all height and density
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limitations set forth in this Division, and shall otherwise comply with the Village's
Comprehensive Development Plan and all other applicable development criteria
set forth in this Division and in the Village's Code of Ordinances.
kM Unified Lot. All residential and non-residential components of the site plan shall
be located on the same or unified Lot.
Ue Criteria. No site plan shall be administratively approved unless and until the
Community Development Director and the Village Manager have determined that
the site plan complies with the applicable provisions of the Village's zoning
ordinances, the applicable provisions of the Village's building codes, all other
ordinances affecting the development of land in the Village, and the applicable
provisions of the Villaae of Teauesta Comprehensive Development Plan.
Sec. 78-205. REQUIREMENTS FOR ADVERTISING AND NOTICE.
In addition to all other applicable advertising and notice reauirements of Florida Statutes,
the advertising and notice reauirements of Section 78-334 of they illaae Code shall apply
to all applications that are submitted for approval pursuant to this Division and Sec.
166.0451(7), Florida Statutes.
Sec. 78-206. AFFORDABILITY COMMITMENT.
Pursuant to Sec. 166.04151(7), Florida Statutes, at least 40 percent of the multi-family
residential dwelling units shall remain affordable, as defined in Sec. 420.0004, Florida
Statutes, for a period of at least 30 years. This requirement shall be incorporated as a
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Agenda Item #2.
condition into any administrative approval. Furthermore, as a prerequisite to the issuance
of a building permit, the owner shall execute and deliver to the Village for recordation in
the public records, in a form approved by the Village Attorney, a covenant, declaration of
restriction, or other deed restriction in favor of the Village ensuring compliance with this
affordability requirement.
Sec. 78-207. APPEAL.
Any applicant or other aggrieved person may appeal, pursuant to Chapter 78,
Article III of the Village Code, an administrative order, decision, approval, or interpretation
in the enforcement of the regulations of this Division.
Sec. 78-208. VIOLATIONS, ENFORCEMENT.
Any development of land pursuant to this Division and Section 166.0451(7), Florida
Statutes which fails to comply with all requirements of this Division shall be a violation of
Village Code, enforceable through the code enforcement special magistrate process as
set forth in Chapter 2, Article IV of the Village Code of Ordinances. Each separate
requirement that is violated shall constitute a separate violation. Each day that any such
violations continue to exist shall constitute a separate violation. It shall be the policy of
the Village to seek the maximum daily fines allowed by law for each such violation of any
requirement of this Division, and any development order that is issues pursuant to this
Division. It shall be the further policy of the Village to record the imposition of such daily
fines as liens against the property in the public records of Palm Beach County, and to
seek foreclosure of such liens when deemed appropriate and advantageous to do so by
the Village Council, upon advice from the Village Manager and the Village Attorney.
Section 3: Each and every other Section and Subsection of Chapter 78. Zoning.
shall remain in full force and effect as previously adopted.
Section 4: All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
Section 5: Should any section or provision of this Ordinance or any portion
thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the remainder of this Ordinance.
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Agenda Item #2.
Section 6: Specific authority is hereby granted to codify this Ordinance.
Section 7: This Ordinance shall take effect immediately upon adoption.
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