HomeMy WebLinkAboutOrdinance_07-24 (1)_8/8/2024 ORDINANCE NO. 07-24'
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 zo,2024 as Ordinance 00-24.The Ordinance has been
assigned Ordinance 07-24.
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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 Village of Teguesta 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 elan review. Site plan review is required prior to any development of land as
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further provided at Sec 78-331 herein-below except that all referenced public
hearing recommendations and approvals before the Planning and Zoning Board
or Villaae Council shall be conducted via administrative review. The requirement
to make a conceptual presentation to the Village Council as contemplated by Sec.
78-332 of the Villaae Code of Ordinances shall likewise be conducted via
administrative review.
b Administrative review. A site plan that complies with Sec. 160.0451(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 hiahest 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.
Up 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.
Lb Equivalent Treatment of all Dwelling Unit Requirements. All affordable dwelling
units and market rate dwelling units shall be located within the same structure. All
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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 dwellina units in the development. In addition, the sizes and number of
bedrooms in the affordable dwelling units shall be proportional to the square
footaae 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 dwelling units shall also have two
bedrooms.
Cc 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
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.
d Unified Lot. All residential and non-residential components of the site plan shall
be located on the same or unified Lot.
�e 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 Village of Teguesta Comprehensive Development Plan.
Lf1 Single-Family Adjacency. If the proposed development is adjacent to, on two or
more sides, a parcel zoned for single-family residential development with at least
25 contiguous single-family homes, the municipality may restrict the height of the
proposed development to 150% of the tallest building on any property adjacent to
the proposed development, the hiahest currently allowed height for the property
provided in the municipalities land development regulations or 3 stories,
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whichever is higher. For the purposes of this paragraph the term "adjacent to"
means those properties sharing more than on point of a property line but does not
include properties separated by a public road.
Sec. 78-205 REQUIREMENTS FOR ADVERTISING AND NOTICE.
In addition to all other applicable advertising and notice requirements of Florida Statutes.
the advertising and notice requirements of Section 78-334 of the Village 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
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 ensurina compliance with this
affordability requirement. Also, compliance with this requirement, in a form that is
acceptable to the Village Attorney, shall be provided to the Village Manager on an annual
basis no later than October 1 of each year covering the preceding 12 month period.
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 reaulations 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
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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. Each separate address
that contains the same violation shall be considered a separate offense. 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 Villaae 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.
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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v
ORDINANCE DATE
07-24 08/08/24
MOTION Council Member Patrick Painter SECOND Council Member Jayson E. French
FOR AGAINST ABSENT CONFLICT
Mayor Molly Young ❑✓ ❑ ❑ ❑
Vice-Mayor Rick Sartory ✓❑ ❑ ❑ ❑
Council Member Laurie Brandon ✓❑ ❑ ❑ ❑
Council Member Patrick Painter ❑ ❑ ❑
Council Member Jayson E. French ✓❑ ❑ ❑ ❑
The Mayor thereupon declared the Ordinance duly passed and adopted.
MAYOR OF TEQUESTA:
Molly Young
..F Q
"0 DRAT G�g; N=_
ATTEST: _ SEAL
`•.INCORPORATED:
Lori McWilliams, MMC ;, .�Fto
Village Clerk