HomeMy WebLinkAboutDocumentation_Regular_Tab 13_8/8/2024 Agenda Item #13.
Regular Council
STAFF MEMO
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Meeting: Regular Council - Aug 08 2024
Staff Contact: Jay Hubsch Department: Community Development
ORDINANCE 07-24, SECOND READING 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.
Introduction
On March 29, 2023, the Governor of Florida signed into law Florida Senate Bill 102 known generally
as the "Live Local Act" ("The Act"). The Live Local Act is a statewide housing strategy that aims to
increase affordable housing opportunities within Florida's communities. Village Staff brought forward
a Live Local Act Ordinance (Ordinance 17-23) to the Local Planning Agency at the November 16,
2023, meeting, and to Village Council for first reading on December 14, 2023, and second reading on
January 11, 2024. At that time, there were indications the state was going to modify the Live Local
Act during the 2024 legislative session. At the January 11 meeting, the Village Council opted to delay
adoption of the ordinance until the 2024 legislative session was completed.
2023 Live Local Act
The Live Local Act was created to allow developer's an easier path to construct affordable housing
throughout Florida. The Act, however, preempts a local municipality's ability to regulate certain
aspects of multi-family or mixed-use residential developments. The Act requires municipalities in
Florida to allow multi-family or mixed-use residential development in commercial, industrial, or
mixeduse zoning districts if at least 40% of the residential units in a proposed multi-family
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 multi-family 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
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Agenda Item #13.
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
possible that some multi-family 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 multi-family development in areas zoned for commercial or industrial use only if the
proposed multi-family 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 Ordinance that was drafted in 2023 updated the Village's Zoning Code to be consistent with the
Live Local Act. It established procedures for administrative review and states 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 establishes
regulations that will ensure qualified projects remain affordable for 30 years. 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 comprised of 20 percent or more commercial uses to be considered mixed-use.
Senate Bill 328: 2024 Updates to Live Local Act
Senate Bill 328 was signed by the Governor on May 16, 2024. The changes that were made to The
Act largely do not impact the Village and the previously drafted Live Local Act Ordinance. There is
one new addition to The Act that was put into the proposed ordinance. It now says that if a "proposed
development is adjacent to, on two or more sides, a parcel zoned for single-family residential
development with at least 25 contiguous homes, the municipality may restrict the height to 150% of
the tallest building on any property adjacent to the proposed development, the highest currently
allowed height for the property provided in the municipalities land development regulations, or 3
stories, whichever is higher." Village staff do not believe that commercial properties eligible for a Live
Local Act project in the Village are adjacent to single family homes on two sides with at least 25
homes, but in the abundance of caution opted to add this to the ordinance.
LPA Recommendation
At the June 20, 2024, Local Planning Agency meeting, the Board voted 4-1 to recommend approval
of Ordinance 07-24 with the follow conditions: Create a semi-annual reporting requirement and
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Agenda Item #13.
strengthen the penalties section to make it clear that fines are per unit and are as strict as legally
possible.
Updates Since First Reading
At First Reading, the Village Council directed the Village Attorney and staff to revise the ordinance
prior to final adoption. The Council elected to add an annual reporting requirement to ensure that
affordable units remain affordable and to clarify that each separate address that contains the same
violation shall be considered a separate code enforcement violation. The Council also asked the
Village Attorney whether a Live Local project would be required to provide a conceptual presentation
to Village Council. The Village Attorney has further researched this and determined that the Village
cannot compel a Live Local project to provide a conceptual presentation to Council. This has been
added to the ordinance for clarity.
This document and any attachments may be reproduced upon request in an alternative format by
completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-
768-0443.
BUDGET • - •
BUDGET AMOUNT n/a AMOUNT AVAILABLE n/a EXPENDITURE AMOUNT: n/a
FUNDING SOURCES: n/a IS THIS A PIGGYBACK:
❑ Yes ❑ N/A
DID YOU OBTAIN 3 QUOTES?
❑ Yes ❑ N/A
COMMENTS/EXPLANATION ON SELECTIONn/a
ATTACH M ENTq.-...
Ordinance 07-24 Tequesta Live Local Affordable Housing Ordinance-Clean
Ordinance 07-24 Tequesta Live Local Affordable Housing Ordinance-Changes Marked Up
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Agenda Item #13.
ORDINANCE NO. 07-241
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
This Ordinance went before the LPA board on June 20, 2024 as Ordinance 00-24. The Ordinance has been
assigned Ordinance 07-24.
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Agenda Item #13.
pursuant to the Act must consist of a mixed-use residential project as defined in the Act;
and
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 VI. 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 Housing and Live Local Act
Sec. 78-200. TITLE, APPLICABILITY.
This Division shall be known as the Villaae of Tequesta Affordable Housina 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 Villaae Code. Only properties within
the Commercial (C-1 I C-2, and C-3) and Mixed Use (MU) zonina districts are eligible to
use the provisions of Sec. 166.04151(7), Florida Statutes.
Sec. 78-201. SITE PLAN REVIEW.
kM Site plan review. Site plan review is required prior to any development of land
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