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HomeMy WebLinkAboutPresentation_Regular_7/11/2024 (2)ORDINANCE 00(Round 2)1 Florida’s Live Local Act 24- -2 family projects.-certain aspects of multiThe Act, unfortunately limits local municipalities ability to regulate -family residential projects.-build multiThe Act includes several provisions that make it easier for developers to -affordable housing in the state.This is a statewide housing strategy that is attempting to increase -On March 29, 2023, The Governor of Florida signed the “Live Local Act” -3 act.the amendment for the building height, zoning, and densities authorized by exception, conditional use permit, variance, or comprehensive plan multifamily development to obtain a zoning or land use change, special a proposed may not require a municipality The Act says that -state. multifamily development, are affordable as defined by the zoning districts, if at least 40% of the residential units in a proposed use -use residential development in commercial, industrial, or mixed-municipalities in Florida to allow multifamily or mixedrequiresThe Act -4. 11 stories or 101 feet3 Zoning District, which allows buildings up to -the Ruse property in the Village is within 1 mile of -Virtually every commercial or mixed-mile of the proposed development. commercial or residential development located within its jurisdiction that is within 1 for a anything less than the highest currently allowed heightproject to restrict the height of a qualifying may not The act also states that a municipality -dwelling units per acre. that is permitted within the municipality. In Tequesta’s case, this is 18 densitymaximum Any development that qualifies under the Act is to be allowed the -5 before approval. that a project qualifies for administrative review and meets all requirements Village Manager and Community Development Director have to determine . The proposed Ordinance clarifies that both the from the communityno input A qualifying project would only undergo a staff level review with -and approval from the Planning and Zoning Board and Village Council. Administrative approval means that qualifying projects would not need review -”.the municipality’s land development regulationsthe governing body of the municipality is required if the development satisfies and no further action by must be administratively approved subsection “a proposed development authorized under this The Act states that -6 emption. -project and eligible for state preuse -project has to be 20% commercial in order to be considered a mixedshall be at least 20% commercial. The proposed Ordinance clarifies that a use projects -The Village’s Comprehensive Plan has a requirement that mixed-Ordinance notes this. emption. The proposed -use to qualify for the state pre-must be mixedThe Village is less than 20% commercial and industrial and therefore a project -.use to qualify-has to be mixedcommercial and industrial uses, a project The Act says that in municipalities that are comprised of less than 20 percent -7 violations. The Ordinance also establishes a process for the enforcement of -emption of local regulations. -to qualify for the state preto ensure that a development is providing 20% commercial uses in order Unfortunately, the Village’s hands are tied in many ways, but we are able -consistent with the Live Local Act.The proposed Ordinance is updating the Village’s Zoning Code to be 2024 UPDATES 8 was over. adoption of the Live Local Ordinance until the 2024 legislative session reading on January 11, 2024, the Village Council opted to delay nd At 2•Ordinance at the November 16, 2023 meeting. 0 to recommend approval of the Live Local -The LPA voted 5• 2024 UPDATES 9 properties in the Village. This was added to the Ordinance, though it does not appear to apply to any potential Live Local •.“municipalities land development regulations, or 3 stories, whichever is higherproposed development, the highest currently allowed height for the property provided in the municipality may restrict the height to 150% of the tallest building on any property adjacent to the family residential development with at least 25 contiguous homes, the -parcel zoned for singlea "proposed development is adjacent to, on two or more sides, a One section that does says, if •The changes to the act were relatively minor and largely do not impact the Village of Tequesta. •Governor on 5/16/2024.A revised Live Local Act was passed by the Legislature in the 2024 session and signed by the • JUNE LOCAL PLANNING AGENCY 10 are levied per unit and are as strict as possible. Make it clear that fines for violations of affordable housing guidelines •housing units remain affordable under the state’s guidelines. annual reporting requirement to ensure that affordable -Create a semi•conditions:recomended24 with the following -approval of Ordinance 071 to recommend -At the June 20, 2024 LPA meeting, the Board voted 4