HomeMy WebLinkAboutO-2024-002 -Amending Ch. 28 LDC Art. 202 Creating Sec. 205-11 - 205-16 Implement Live Local Standards (1)ORDINANCE NO.2024-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 28 "LAND DEVELOPMENT
CODE"; PART 2, "SITE DEVELOPMENT REGULATIONS"; ARTICLE 205,
TABULAR SUMMARY OF SITE DEVELOPMENT STANDARDS FOR ALL
ZONING DISTRICTS"; TO CREATE SECTIONS 205-11 THROUGH 2O5-16, TO
IMPLEMENT THE CITY'S LIVE LOCAL DEVELOPMENT STANDARDS
PURSUANT TO SECTION 166.04151(7), FLORIDA STATUTES, UNDER THE
LIVE LOCAL ACT; AMENDING ARTICLE 200. — "USER GUIDE FOR PART
2 OF THE CODE", TO CREATE SECTION 200-60 ENTITLED "SITE PLAN
REVIEW PROCEDURES FOR APPLICATIONS PURSUANT TO SECTION
166.04151(7), FLORIDA STATUTES," TO PROVIDE FOR DEVELOPMENT
REGULATIONS AND ADMINISTRATIVE REVIEW OF CERTAIN
AFFORDABLE HOUSING PROJECTS PURSUANT TO STATE LAW; AND
CREATING SECTION 200-61 ENTITLED IMPLEMENTATION PROCEDURES
FOR SITE PLANS UTILIZING "THE LIVE LOCAL ACT"; PROVIDING FOR
CODIFICATION, PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the State of Florida adopted Chapter 2023-17, Laws of Florida, effective
July 1, 2023, known as the Live Local Act (the "Act"), which among other thing is designed to
streamline and incentivize affordable housing within the State of Florida; and
WHEREAS, the Act preempts certain use, density, and height regulations and imposes
various obligations, including the requirement for a municipality to permit mixed -use residential
development as an allowable use in any area zoned for commercial, industrial, or mixed -use if at
least forty percent (40%) of the residential units are affordable, as defined in Section 420.0004,
Florida Statutes, for a period of at least thirty (30) years; and
WHEREAS, the benefits afforded by the Act are only available to developments that
provide certain threshold levels of affordable multi -family housing, which housing units are further
required to remain affordable for at least thirty (30) years, but the Act is silent on issues related to
compliance reporting, monitoring, and enforcement of the mandatory affordability requirements
applicable to these developments; and
WHEREAS, the City Commission has determined that it is appropriate and in the public
interest to provide that projects proposed under the Act on commercial or industrial zoned
properties are subject to the development regulations provided in this ordinance; and
WHEREAS, the City of Dania Beach contains more than twenty percent (20%) of the land
area within its jurisdiction for commercial or industrial use, and as such the City does not qualify
for the provision in the Act that would require a Live Local multi -family development pursuant to
the Act would be developed as a mixed -use residential development; and
WHEREAS, the City is committed to providing a sustainable community for its residents
and future generations, and ensuring an adequate tax base to support public services is an essential
component of developing and maintaining such a sustainable community; and
WHEREAS, the City Commission has determined thirty-five percent (35%) of the total
square footage of a project proposed under the Act as a non-residential component is both
meaningful and appropriate in order to support required services and maintain residential
affordability for City residents; and
WHEREAS, the Act requires that an affordable housing project proposed under the Act
must be administratively approved, without further action by the governing body, if the
development satisfies the City's Land Development Regulations and is consistent with the City's
Comprehensive Plan, with the exception of provisions establishing allowable densities, height,
and land use (which are established in, and preempted by, the Act), and complies with all other
applicable requirements of state and local law; and
WHEREAS, the Act provides that the City must consider the possibility of reducing
parking requirements for projects developed under the Act if the project is located within one-half
mile of a major transit stop, as defined in the City's Land Development Code, if the major transit
stop is accessible from the development. The City does not currently have a definition of major
transit stop and wishes to adopt one and provide related parking incentives; and
WHEREAS, the City Commission supports affordable housing and finds it necessary to
revise the City Code in order to establish equitable regulations for the development of mixed -
income mixed -use residential developments in order to implement the provisions of the Act; and
WHEREAS, the City is adopting the regulations contained within this ordinance to
provide for implementation of the Act, which was effective as of July 1, 2023, and has determined
it is appropriate for all for projects under the Act to be processed in accordance with the regulations
contained within this ordinance, and to apply these regulations to any application or submission
for an application under the Act; and
2 ORDINANCE #2024-Lrz_
WHEREAS, pursuant to the pending ordinance doctrine, set forth in Smith V. City of
Clearwater, 383 So. 2d 681 (Fla. 2d DCA 1980), the City declares and implements the pending
ordinance doctrine concerning the zoning and Land Development Regulations governing the
development of affordable housing projects proposed on properties located in the following
commercial, residential and mixed use districts: South Federal Highway Mixed -Use (SFED-MU),
Gateway Mixed -Use (GTWY-MU), East Dania Beach Boulevard Mixed -Use (EDBB-MU),
Planned Mixed -Use Development (PMUD), Planned Small Lot Mixed -Use Development
(PMUD-SL), General Commercial District (C-4), General Industrial (IG), Restricted Industrial
(IR), Industrial -Research -Office (IRO), Industrial -Research -Office -Marine (IROM), Industrial -
Research -Office -Marine Airport Approach (IROM-AA), and Industrial -Research -Office -
Commercial (IROC); and
WHEREAS, on October 24, 2023, the City adopted Resolution No. 23-136 relating to
zoning in process, and working under the zoning in progress principals consistent with the
pending ordinance doctrine, the City administration has developed this ordinance and all property
owners and developers should be aware that provisions of this pending ordinance not yet adopted
by the City Commission may be applied to any proposed development applications and any
development applications may be delayed until the adoption and effectiveness of this ordinance;
thus, property owners and developers should not rely on existing Land Development Regulations
in making investment and development -related decisions; and
WHEREAS, the City Commission finds and determines that updating the City's Code of
Ordinances to implement the Live Local Act is in the best interest of the residents of Dania Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above "WHEREAS" clauses are ratified and confirmed as being
true and correct, and they are made a part of and incorporated into this Ordinance by this reference.
Section 2. That Chapter 28 entitled the "Land Development Code", Part 2, "Site
Development Regulations", at Article 205, "Tabular Summary Of Site Development Standards For All
Zoning Districts", is amended as follows:
3 ORDINANCE #2024-1:JYZ-
CHAPTER 28
LAND DEVELOPMENT CODE
PART 2, "SITE DEVELOPMENT REGULATIONS"
Article 205 Tabular Summary of Site Development Standards for all Zoning Districts.
Sec. 205-11. Mixed Use or Multifamily Developments Pursuant To Section 166.04151(7),
Florida Statutes, Under The Live Local Act.
a) Intent and Purpose.
The pumose of this section is to establish procedures and regulations for the development of
multifamily or mixed use affordable housing developments pursuant to the provisions of Section
166.04151 7 Florida Statutes as created by Chapter 2023-17 Laws of Florida the "Live Local
Act" (the "Act") which development involves at least forty percent (40%) of units which must
qualify as affordable housing units as defined in Section 420 0004 Florida Statutes to accomplish
the following purposes:
Protect and promote the public health safety, and general welfare of the residents of the
ciw
Facilitate the orderly and efficient development of affordable multi -family housing in the
City pursuant to the Act;
Specify the City zoning districts to which this section is applicable and within which Live
Local developments proposed pursuant to the Act are authorized and may be approved
administratively pursuant to the Act;
(41 Confirm the Land Development Regulations applicable to proposed Live Local
developments under the Act including acknowledgment of the statutory mandates
regarding use height and density;
Provide the minimum non-residential floor area for Live Local developments proposed
under the Act in order to ensure a meaningful mixed -use development to support
community sustainability and to reduce vehicle trips and vehicle miles traveled whereby
a mixed use project must provide a minimum of 40 percent commercial, on a single
floor; and
Establish an administrative approval process for Live Local developments under the Act.
�7) Multi family Live Local projects must contain at least 65 percent multifamily, with 40
percent Live Local as affordable housing.
ORDINANCE #2024-M1-
(h) Agplicability.
Applications for a Live Local development pursuant to this section must be deemed complete
prior to October 1 2033 No implications for Live Local developments shall be accepted after
October 1 2033 unless the legislature extends or reenacts Section 166 04151(7) Florida Statutes,
and the City Commission extends these deadlines accordingly.
L Definitions.
Major transit stop shall mean a stop with at least 150 square feet of overhead shelter for commuter
rail service or at least three bus rapid transit routes. For the u ose of this definition commuter
rail service and bus rapid transit routes provide average scheduled morning (7:00 A.M. to 9:00
A.M.) and evening (4.00 P.M to 6.00 P.M.) peak hour service intervals of 30 minutes or less.
Unified control means all land included for pMose of development within a Planned Unit
Development (PUD) district shall be under the control of the applicant (an individual, partnership,
or corporation or groom of individuals partnerships or corporations). The applicant shall present
satisfactoU legal documents to constitute evidence of the unified control of the entire area which
shall be improved by the City Attorney. Upon application for rezoning the applicant shall agree
as follows:
WTo proceed with the Live Local development according to the provisions of this division
and the affordability requirements as established by state law and recorded covenant,
QTo provide agreements contracts covenants deed restrictions and sureties acceptable to
the City for completion of the development according to the plans approved at the time
of site plan approval and for continuing operations and maintenance of such areas
functions and facilities which are not proposed to be provided operated, or maintained
at public expense; and
tDTo bind their successors in title to any commitments made under the above. All
agreements and evidence of unified control shall be reviewed by the City Attorney and
no site plan for a development shall be approved without verification by the City Attorney
that such agreements and evidence of unified control meet the requirements of this
section.
(d) Zoning Districts permitting Live Local developments.
Based on the requirements of Florida law, Live Local developments shall be permitted in the
following zoning districts:
(A) South Federal Highway Mixed -Use (SFED-MU),
(B) Gateway Mixed -Use (GTWY-MU),
ORDINANCE #2024-00Z
(C) East Dania Beach Boulevard Mixed -Use (EDBB-MU),
(D) Planned Mixed -Use Development (PMUD),
(E) Planned Small Lot Mixed -Use Development (PMUD-SL),
(F) General Commercial District (C-4),
(G) General Industrial (IG),
(H) Restricted Industrial (IR),
(I) Industrial -Research -Office (IRO),
(J) Industrial -Research -Office -Marine (IROM),
(K) Industrial -Research -Office -Marine Airport Approach (IROM-AA), and
(L) Industrial -Research -Office -Commercial (IROC)
(e)Applicable development regulations.
Unified lot All land included for pumoses of a Live Local development, including all
residential and non-residential components shall be under unified control.
M Required residential use.
a. Equivalency of affordable dwelling units.
1. Affordable dwelling units and market rate units shall be located within the same
structure or shall be proportionately distributed between multiple structures, if
such are proposed such that every development structure contains both at
least 40%) and market rate units in equal proportions; in no event shall a Live
Local development structure consist entirely of market rate units.
2. All common areas and amenities within a Live Local development shall be
accessible and available to all residents (both affordable and market rate units).
3. 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,
provided that for townhouse -style affordable dwelling units, each unit shall have
its own entrance.
4. The sizes and number of bedrooms in the affordable dwelling units shall be
proportional to the sizes and number of bedrooms in the market rate units e.g.,
for number of bedrooms if twenty-five percent (25%) of the market rate units
ORDINANCE #2024-�
consist of two (2) bedrooms then twenty-five percent (25%) of the affordable
units shall also have two (2) bedrooms etc maintaining a proportional
distribution across unit types and within each structure).
5. Affordable dwelling units shall be developed simultaneously with or prior to, the
development of the market rate units.
6. If the development is phased the phasing plan shall provide for the construction
of affordable units proportionately and concurrently with the market rate units.
7. The exterior appearance of affordable units shall be the same as the market rate
units and shall provide exterior building materials and finishings of the same type
and quality.
8. The interior building materials and finishes of the affordable units shall be the
same type and quality as the market rate units including but not limited to all
electrical and plumbing fixtures, flooring, cabinetry counter tops, and decorative
finishes.
b. A ordability commitment.
1. Pursuant to Section 166 04151(7) Florida Statutes at least forty percent `40%) of
the multi -family residential units shall remain affordable as defined in Section
420 0004 Florida Statutes for a period of at least thirty (30) years. The property
owner shall execute and deliver to the City for recordation in the public records,
on a form approved by the City Attorney, a covenant declaration of restriction, or
other deed restriction in favor of the City ensuring compliance with this
affordability requirement.
2. Any violation of the affordability requirement shall result in a monetary penal
to be deposited into the general fund Such monetary penalty shall be assessed as
a daily fine of two hundred fifty dollars ($250 00) per day per violation until
proof of compliance has been provided to the City. The monetary penalty shall
not be subject to mitigation or otherwise modified by any board including but
not limited to the Code Enforcement Special Magistrate. This provision is in
addition to any other enforcement action pursuant to code or agreement.
(3) Allocation of shared space in Multifamily Live Local Proiects.
a. Lobby, service areas and amend areas exclusively serving the residential
uses of a Live Local development shall be considered residential square footage
use.
b. Common ground floor lobby, service areas and amenity areas within a
structure housing both residential and non-residential uses shall be
ORDINANCE #202412,
proportionately allocated to the residential and non-residential square footage
requirements.
(4) Site Design.
a. Live Local developments located on land zoned commercial or mixed use
must locate all development residential and non-residential uses on the same Cor
unified) plot.
b. Live Local developments located on land zoned industrial must locate all
nonresidential uses in a structure separate from pLny residential uses. Structures used
for industrial p oses need to be buffered and setback from the residential
structures in the same manner, applying setbacks landscape buffers and other
gpplicable regulations as if the residential structures were on a separate site, to
ensure compatibility between residential and industrial uses.
(5) Development standards.
a. The following standards are qpplicable to all Live Local developments
regardless of the zoning district they are located in:
1. Maximum density and height
Cij With respect to the residential component of a Live Local development,
the maximum density shall be the highest allowed density on any land
in the City where residential development is allowed by right without
incor2oration of any bonus (incentive) density.
ii The maximum height shall be the highest currently allowed for a
commercial or residential development within the City and within one
(1) mile of the proposed development or three (3) stories whichever is
higher.
2. Minimum air-conditioned dwelling unit size consistent with Section 230-
40 of the Land Development Code:
Q Efficiency: Five hundred (500) square feet;
ii One (1) bedroom: Seven hundred and fifty (750) square feet;
M Two (2) bedrooms: nine hundred (900) square feet;
iv Three (3) or more bedrooms: One thousand one hundred fifty (1,150)
square feet for the first three (3) bedrooms plus one hundred fifty
(150) square feet for each additional bedroom/den.
ORDINANCE #2024-aiz-
3 All other applicable land development code development standards shall
apply unless specifically regulated in this section.
Sec 205 12 Development Regulations Qualifying development shall comply with the
d in the following development re ulation table.
development regulations provide
(a) Properties zoned South Federal Hi hwa Mixed -Use Gateway Mixed -Use or East Dania
Beach Boulevard Mixed -Use are to following the development re ulations identified for each
zoning district provided in Article 300._
(b) Properties zoned Planned Mixed -Use Development Planned Mixed Use Development —
Small Lot General Commercial General Industrial Industrial Restricted Industrial Research
Office Industrial Research Office Marine or Industrial Research Office Marine — Airport
Approach are to follow the development regulations and design standards identified in Section
205-13, of the LDR.
Sec 205 13 Development Regulations table for Planned Mixed -Use Development, Planned
Mixed Use Development — Small Lot General Commercial General Industrial Industrial
Restricted, Industrial Research Office, Industrial Research Office Marine, or Industrial
Research Office Marine —Airport Approach
DEVELOPMENT REGULATIONS
Planned Mixed Use Development, Planned Mixed Use Development — Small Lot, General
Commercial, General Industrial, Industrial Restricted, Industrial Research Office, Industrial
Research Office Marine, or Industrial Research Office Marine — Airport Approach
Required setbacks andyards:
Minimum front yard setback 25'
Minimum rear yard setback
30'
Minimum street side setback
25'
Minimum interior side setback
15'
Minimum lot width
100,
100,
100,
Per Article 265
Minimum lot depth
Minimum building separation
Parking space requirements
Per Article 276
Landscape requirements
Pervious area requirements
Per Section 215-130
Sec 205 14 Additional design standards for properties fronting Griffin Road, Stirling Road,
Sheridan Street, Bryan Road and Anglers Avenue/Ravenswood Road.
(a) The following design standards are applicable to any property having frontage on any of the
following roadways within the City of Dania Beach:
Griffin Road
ORDINANCE #2024- �
2. Stirling Road
3. Sheridan Street
4. Bryan Road
5. Anglers Avenue (Ravenswood Road)
(b) Purpose The purpose of the standards in this article is to promote design which is
architecturally compatible with the surrounding area and the design goals of the City of Dania
Beach.
(c) Intent The standards in this article are intended to discourage generic suburban development
T es that bear little relation to the historic development pattern of Dania Beach.
d City Commission Approval. The City Commission ma approve exceptions to this article as
conditions to a site plan approval upon making the following findings
1. There are circumstances peculiar to the site or the intended use that makes compliance
with a particular requirement of this article impracticable; and
2. The applicant has offered significant enhancements to other pertinent aspects of the site
that the City Commission determines will offset any negative impacts that an exception
to these standards might otherwise create.
(e) Appearance.
1. All structures on a site shall create a unified architectural theme.
2. All building fa ades shall be articulated through the use of a coherent and clear
architectural design that incorporates rhythms in form and construction details. Buildings shall
be designed to incorporate rhythms in form and construction details.
3 Buildings facing a public street or interior courtyard space shall be architecturally
emphasized through entrance treatment fenestration and building details. Buildings with more
than one (1) facade facing a public street shall provide treatment for each facade.
4 Roof and exterior wall surfaces with the exception of glass areas shall be
nonreflective Opaque surfaces and reflective or mirrored type glazing at ground level visible
from the sidewalk is prohibited.
5 The use of flat steel or metal panels for the exterior walls is prohibited.
6. The rear and sides of buildings shall be finished with material that in texture and color
resembles the front of the building.
7 Glass windows and doors must make up at least thirty-five (35) percent of the primary
elevation and fifteen (15) percent of the secondary elevation, except where additional
fenestration is required in the CRA form -based zoning districts. On ground stories the minimum
10 ORDINANCE #2024-(:(�rs
required glass facade area shall be measured between a height of two and one-half (2.5) feet and
eight (8) feet above the abutting grade. The windows shall not be covered or opaque Display Jis
permitted provided there is functional cross -vision between the inside and outside of the store.
Display windows should be accented with awnings or other architectural features.
8 The coloration of all buildings shall be nature blending with a maximum of three (3)
colors exclusive of roof. The use of "earth tone" or light pastel colors is encouraged.
Semitransparent stains are recommended for application on natural wood finishes.
9 Canopies if utilized shall provide a minimum clearance of fourteen (14) feet in height
for areas accommodating vehicles and a minimum clearance of ten (10) feet in height for non -
vehicular areas and shall be consistent with the main building design The canopy columns shall
be architecturally finished to match the building.
10 Heating ventilation and air conditioning equipment duct work air compressors,
other fixed operating machinery shall be either screened from view or located so that such items
are not visible from the designated arterial adjacent residential properties or intersecting streets.
11 No temporary structures shall be permitted except those allowed in article 675,
"Temporary Uses" and associated signage Office -type mobile units when used as temporary
facilities shall be screened from view from the designated arterial and equipped with rigid
skirting on all sides Any towing gear shall be removed and if not removable shall be screened
from the designated arterial.
12 A minimum distance of eight (8) feet shall be maintained between the front of any
building including any walkway immediately adjacent thereto and the parking area. This space
is to be reserved for landscaping either existing or planned and is required to have a minimum
three -foot -wide strip for plant material No such space is required at the sides or rear of the
building unless there is an adjoining residential use This requirement is not applicable within
the CRA form -based zoning districts.
13 Windows and doors visible from any listed arterial street shall not be obstructed by
security bars or similar devices.
14 Windows and doors visible from any listed arterial street shall not be obstructed by
storm or security shutters or panels except as provided in chapter 8 section 8-186 of the Code
of Ordinances (Storm shutter placement).
15 Commercial development must comply with article 275 "Landscaping
Requirements" provided that the street tree requirements shall be altered to require palm clusters
on the ends of landscape buffers The palm clusters shall consist of three (3) palms with a
minimum height of thirteen (13) feet.
16 Where hedges are utilized and adequate space exists a tiered effect is required.
11 ORDINANCE #2024-1' \2-
17. Landscaped areas shall be surrounded with a six-inch raised concrete curb. Grade
within areas to be landscaped shall be raised to curb height.
18 Chain link barbed wire and similar fencing alongLa designated arterial are prohibited.
Where such fencing can be viewed from a designated arterial landscaping berming or both
shall be provided to minimize visibility from the designated arterial.
19 Perimeter walls if utilized shall be architecturally compatible with the principal
structure.
20 The design of buildings and parking facilities shall take advantage of the natural
features and topography of the project site where appropriate.
21 Existing specimen trees shall to the greatest extent possible be preserved or relocated
on site and integrated into the landscape plan.
22 Roads pedestrian walks and open spaces shall be designed as integral parts of an
overall site design.
23 Parking areas shall be landscaped and screened from public view to mitigate their
visual impact.
24 Parking areas shall be designed with careful regard to orderly arrangement,
landscaping and ease of access and shall be developed as an integral part of an overall site
design.
25 The site development plan shall be designed to be compatible with existing and
conformingdevelopment, evelopment and proposed development in the area surrounding the project site.
(b) Multifamily/Mixed Use Option A multifamily use is permitted subject to the
development standards of the development regulations identified above (lot and yard
requirements) and the following additional requirements for mixed -use developments:
(1) The development maw include commercial uses on the ground floor of the development
such that the development is a mixed -use development as provided by the City of Dania
Beach Comprehensive Plan The following commercial uses shall be permitted:
i. Athletic clubs/studios;
ii Banks and financial institutions with no drive-throughs;
iii. Bakeries;
iv. Delicatessens;
v. Copy shop;
vi. Day care centers;
vii Dry-cleaning establishments (no cleaning on premises),
12 ORDINANCE #2024- LA
viii Fast food restaurant with no drive-throughs;
ix Retail establishments;
x Office (business professional and medical).*
xi Personal service establishments;
xii. Restaurants;
xiii Retail pharmacy; and
xiv. Retail stores and those uses which are customarily accessory and clearly incidental
to the principal permitted use excluding smoke shops cannabidiol (CDB) sales,
and discount retail.
(2) The mixed use development shall be located abutting an arterial roadway and shall
occupy the majori1y of the ground floor building area (excluding parking garages) -
See. 205-15 Regulatory Compliance.
O In addition to the provisions set forth above Live Local developments shall comply with all
other Land Development Regulations qpplicable to multi -family developments.
All aspects of the Live Local development shall be consistent with the City's Comprehensive
Plan with the exception of provisions establishing allowable use height and density.
Uc Compliance with aQplicable laws and regulations In addition to the provisions set forth
herein Live Local developments shall comply with all other applicable state and local laws
and regulations.
205 16 Expiration or Loss of Live Local Development Status.
(a) Loss for failure to meet affordability requirements.
(1) An approved project which fails to maintain the required number of affordable
dwelling units and does not comply with the affordable housmiz requirements of this
section after notice and nine (tom 90) days to cure shall be considered non -conforming as to
all portions of the development that do not comply with use and development regulations
applicable based on the assigned zoning designation.
(b) Expiration of covenant A Live Local development, for which a covenant
guaranteeing affordable housinghas as expired shall be considered:
A legal conforming use so long as the development maintains the same levels and
standards of affordable housing.
Q A legal non-conformingnon-confonning use if the number of required affordable dwelling units
originally required under the covenant are not maintained as affordable. And shall be
subject to the City's nonconforming code provisions.
13 ORDINANCE #2024��
Section 3. That Chapter 28 entitled the "Land Development Code", Part 2, "Site
Development Regulations", Article 200, "User Guide For Part 2 Of The Code" is amended as
follows:
CHAPTER 28
LAND DEVELOPMENT CODE
PART 2, "SITE DEVELOPMENT REGULATIONS"
ARTICLE 200. - USER GUIDE FOR PART 2 OF THE CODE
200-60 Live Local Site Plan Approval required.
(q) Construction except as provided for Live Local buildings or improvement on any site may
commence only following approval of a site plan by the City Commission. All construction and
improvements shall conform to such approved site plan per Article 635 of the LDR.
Live Local development projects developed pursuant to Section 166.04151(7), Florida
Statutes shall be processed administratively under Section 200-61 Site Plan Review Procedures
for Applications Pursuant to Section 166.04151(7), Florida Statutes.
Sec. 200-61 Site Plan Review Procedures For Applications Pursuant To Section 166.04151(7),
Florida Statutes.
(a) Preplan review. The applicant shall review the proposed site plan with the Community
Development Director, or designee to confirm general compliance with the requirements of
Section 205-11 "Development pursuant to Section 166 04151(7) Florida Statutes, under the Live
Local Act," the land use designation zoningand nd application provisions of the City code and
Section 166 04151(7) Florida Statutes as amended from time to time.
(b) Filing-.
(1) Application The gpplicant shall submit the proposed site plan to the Community
Development Director, or designee. The application shall include:
a. All information shall be submitted pursuant to the City's site plan application
requirements and application form as identified in Article 635, of the LDR.
14 ORDINANCE #2024-
An Affidavit of Commitment The applicant must file an Affidavit of Commitment,
in a form provided by the City, to record a covenant detailing the affordable housing
restrictions (and to comply with the monitoring and compliance requirements of the
City)The covenant will detail income mix and required affordability, with a release
provision ensuring; that the covenant is in place for thigy (30) years from temporary
certificate of occupancy (TCO) or certificate of occupancy (CO) and may only be
released earlier by bringing the project info full compliance with all zoning and land
use provisions applicable to the site at the time of the release. The City will provide
the form covenant and monitoring and compliance forms upon submittal of the
application.
c. dal documents demonstrating unified control of the proposed development site and
providing for maintenance and cross -access as applicable.
d. A specific purpose survey demonstrating the one (1) mile distance for the proposed
height determination (unless the comparator site is so obviously close to render this
unnecessary) with a brief analysis of the comparator site.
g. A brief analysis of the comparator site for the proposed density determination.
h. Easily visible notes on the site plan legend or data sheet indicating the project is a Live
Local Act Section 166.04151(7) Florida Statutes, project.
i. A table or tables indicating the ratio of residential and non-residential square footage
and affordable and market rate residential units.
(2) Fees The Community Development Director, or designee will compute the required
filing and review fees Such fees are due won the date of submittal and are established in
accordance with the Cit s adopted fee schedule(pursuant to Section 605-40 and 685-
10), including but not limited to any applicable impact fees and cost recovery
charges The applicant shall also digitally submit copies of a proposed preliminary
engineering g plan for the site The filing fees are as follows:
Site Plan $14,120.00
Site Plan Modification $11,700.00
(c) Review and recommendation by the Development Review Committee.
W Development Review Committee members and departments responsible for development
application review shall submit written recommendations to the Director of Community
Development or designee according to a review schedule. Fees are to be approved by
the City Commission via resolution as may amended from time to time.
The applicant will be notified in writing of comments concerning the site plan
submission Revisions additions or corrections will be reviewed together by the
Community Development Director, or designee the Development Review Committee,
15 ORDINANCE #2024- CC -
and the applicant Required revisions and any other information required by the director
of Community Development Director, or designee and the Development Review
Committee shall be resubmitted by the applicant within thirty (30) days of the review.
Failure of any applicant to submit information or revised plans as required above shall
result in cancellation of the application unless an extension is agreed to by the applicant
and the Director of Community Development or designee The applicant may also submit
a waiver on a form provided by the Cif Further, the applicant will be required to
resubmit an application including review fees according to the fee schedule adopted by
the City Commission Applicants may withdraw an application at any time.
Any fees collected in conjunction with development review are nonrefundable.
(d) Administrative review.
(1) The Community Development Director, or designee shall review the Development
Review Committee comments applicant responses and final proposed plans and facade
renderings and based on compliance with the City's Land Development Regulations,
comprehensive plan and applicable state laws shall approve approve with conditions,
or deny the final site plan and issue a written development order, including findings
supporting the decision The decision of the Community Development Director, or
designee may be appealed to the City Commission pursuant to Section 615-30,
"Administrative Appeals."
(2) If the proposed project does not meet the City's Land Development Regulations excepting
use height or densijy as preempted by state law, the applicant may apply for a variance
or other procedure and shall follow those procedures as provided in the code including
review by the Development Review Committee Planning and Zoning Board and City
Commission.
(e) Modifications to approved site plan Modifications to a site plan approved under this
section may be permitted by the administrative approval of the Director of Community
Development or designee Proposed modifications shall be reviewed by the Development
Review Committee as provided in subsection 635-80 above if the Community Development
Director, or designee determines the modification complies with the criteria identified in Section
635-80(b) of the LDR.
(o Expiration or extension of site plan approval A site plan approval or extension shall
comply with Section 645-100 of the LDR However, won expiration of a project under this
section the property will be governed by the entitlements allowed under the property's zoning
without the benefit of the preemptive provisions of Section 166.04151(7) Florida Statutes.
(g) Denial Denial of an application shall preclude the applicant from refiling the same application
for one year from the date of denial consistent with Section 649-60 of the Land Development
Code.
16 ORDINANCE #2024-5la
Section 4. That if any section, clause, sentence, or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 5. That all ordinances or part of ordinances in conflict with the provisions of
the Ordinance are repealed.
Section 6. That this ordinance shall take effect 10 days after passage.
PASSED on first reading on January 9, 2024.
PASSED AND ADOPTED on second reading on FebruM 13, 2024.
First Reading: `
Motion by: rommi-ss"aAa
Second by:y 1( _.�
Second Reading:
Motion by:��
Second by:
FINAL VOTE ON ADOPTION
Commissioner Joyce L. Davis
Commissioner Tamara James
Commissioner Marco Salvino
Vice Mayor Lori Lewellen
Mayor Archibald J. Ryan IV
Unanimous
Yes No
SIGNATURE PAGE TO FOLLOW
17 ORDINANCE #2024-li
ATTEST:
119
rr
`f1)
MMC
CITY CLERK
11
ARCHIBALD
MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EV A. B UTSIS
T , ATTORNEY
18 ORDINANCE #2024-LL