(a)

Intent and purpose. The purpose of this section is to establish procedures and regulations for the development of mixed-use affordable housing developments pursuant to the provisions of F.S. § 166.04151(7), as created by Chapter 2023-17, Laws of Florida, the "Live Local Act" (the "Act"), as amended from time to time, which development involves a combination of residential and non-residential components, and a combination of dwelling units, at least forty (40) per cent of which must qualify as affordable housing units, as defined in F.S. § 420.0004, to accomplish the following purposes:

(1)

Protect and promote the public health, safety, and general welfare of the residents of the city;

(2)

Facilitate the orderly and efficient development of affordable multi-family housing in the city pursuant to the Act;

(3)

Confirm qualifying developments proposed pursuant to the Act are mixed-use residential developments, as required by the Act, given less than twenty (20) per cent of the city's land area is designated for commercial or industrial use;

(4)

Specify the city zoning districts to which this section is applicable and within which qualifying developments proposed pursuant to the Act are authorized and may be approved administratively pursuant to the Act;

(5)

Confirm the land development regulations applicable to proposed qualifying developments under the Act, including acknowledgment of the statutory mandates regarding use, height, and density;

(6)

Provide the minimum non-residential floor area for qualifying 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; and

(7)

Establish an administrative approval process for qualifying developments under the Act.

(b)

Applicability. Applications for a qualifying development pursuant to this section must be deemed complete prior to October 1, 2033. No applications for qualifying developments shall be accepted after October 1, 2033, unless the legislature extends or reenacts F.S. § 166.04151(7), and the city commission extends these deadlines accordingly.

(c)

Definitions.

Density calculation shall be defined as provided in section 250151 of this chapter.

Gross square footage (gross floor area) shall mean the sum (in square feet) of the area of each floor level, measured from principal outside faces of exterior walls, including, but not limited to, basements, corridors, hallways, utility areas, elevators, storage rooms, staircases, and mezzanines, but not including architectural projections. Included are areas that have floor surfaces with clear standing headroom (six (6) feet, six (6) inches minimum) regardless of their use. This definition includes areas which are not enclosed, but roofed; however, it does not include unroofed areas.

Major transportation hub shall mean any transit station, whether bus, train, or light rail, which is served by public transit with a mix of other transportation options.

Qualifying development shall mean a multiple-family mixed-use development proposed pursuant to F.S. § 166.04151(7), as amended from time to time, with sixty-five (65) per cent of the gross square footage used for residential purposes, at least forty (40) per cent of rental residential units which are affordable, as defined in F.S. § 420.0004, for a period of at least thirty (30) years, with the remaining thirty-five (35) per cent of the gross square footage dedicated to non-residential uses, as permitted in the applicable zoning district.

Transit stop shall mean an intercity bus stop/station or a transit hub where two (2) or more transit routes converge.

Unified control means all land included for the purpose of development shall be under the control of the applicant (an individual, partnership, or corporation, or group of individuals, partnerships, or corporations). The applicant shall present satisfactory legal documents to constitute evidence of the unified control of the entire area, which shall be approved by the city attorney. Upon application, the applicant shall agree as follows:

(1)

To proceed with the qualifying development according to the provisions of the division and the affordability requirements as established by State law and covenant;

(2)

To 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

(3)

To bind their successors in title to any commitments made under the above for the affordability period and as long as the development remains a qualifying development. All agreements and evidence of unified control shall be reviewed by the city attorney and no site plan for a qualifying 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 qualifying developments. Based on the requirements of Florida law, qualifying developments shall be permitted in the zoning districts listed below, except as permitted in section 250154, Procedures and requirements for mixed-use developments. The Local Activity Center (LAC) land use and Downtown Mixed-Use (DT-MU) zoning districts permit mixed residential and commercial uses, as regulated by the development of regional impact, comprehensive plan and land development regulations, and therefore, are exempt from this section.

(1)

B-1, neighborhood business.

(2)

B-2, community business.

(3)

B-3, general business.

(4)

IC, industrial commercial.

(5)

IRD, industrial, research and development park.

(e)

Applicable development regulations.

(1)

Unified lot. All land included for purposes of a qualifying development, including all residential and non-residential components, shall be under unified control.

(2)

Required residential use.

a.

Sixty-five (65) per cent of the total gross square footage of a qualifying development shall be used for residential purposes.

b.

Equivalency of affordable dwelling units.

(i)

Affordable dwelling units and market rate units within a qualifying development shall be located within the same structure or shall be proportionately distributed between multiple structures, if such are proposed, such that every qualifying development structure contains both affordable and market rate units in equal proportions; in no event shall a qualifying development structure consist entirely of market rate units.

(ii)

All common areas and amenities within a qualifying development shall be accessible and available to all residents (both affordable and market rate units).

(iii)

Access to the required affordable dwelling units in a qualifying development 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.

(iv)

Unit mix (bedroom count and size per unit): 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 (25) per cent of the market rate units consist of two (2) bedrooms, then twenty-five (25) per cent of the affordable units shall also have two (2) bedrooms, etc., maintaining a proportional distribution across unit types and within each structure within the qualifying development). When measurements determining the unit mix of affordable units result in any decimal fraction less than 0.5, they shall be rounded down to the nearest whole number, and any decimal fraction of 0.5 or more shall be rounded up to the nearest whole number.

(v)

Affordable dwelling units shall be developed simultaneously with, or prior to, the development of the market rate units.

(vi)

If the development is phased, the phasing plan shall provide for the construction of affordable units proportionately and concurrently with the market rate units and nonresidential uses. A certificate of occupancy for affordable units must be issued concurrently with or prior to the certificate of occupancy for market rate units of the development. In phased developments, affordable units may be constructed and occupied in proportion to the number of units in each phase of the residential development.

(vii)

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.

(viii)

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.

c.

Affordability commitment.

(i)

Pursuant to F.S. § 166.04151(7), at least forty (40) per cent of the multi-family residential units shall remain affordable, as defined in F.S. § 420.0004, for a period of at least thirty (30) years. Before the issuance of any building permit, 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 and providing enforcement rights for the city.

(ii)

The property owner shall provide to the city, each year on January 15, an annual certification form certifying all affordable housing units meet the affordability criteria set forth in F.S. § 420.0004.

(3)

Required non-residential use.

a.

Thirty-five (35) per cent of the total square footage of the qualifying development shall be devoted to principal non-residential uses that are not dedicated to, or exclusively accessible by, the on-site residential uses. Residential community amenities, or non-residential uses open only to residents of the qualifying development are not considered non-residential uses.

b.

Non-residential uses shall be limited to those uses permitted in the zoning district and land use regulations applicable to the land on which the qualified project is located. Proposed uses requiring conditional use shall be subject to city commission approval and the applicable regulations and limitations for the use.

(4)

Allocation of shared space square footage.

a.

Lobby, service areas, and amenity areas exclusively serving the residential uses of a qualifying development shall be considered residential square footage.

b.

Common ground floor lobby, service areas, parking, and amenity areas within a structure housing both residential and non-residential uses shall be proportionately allocated to the residential and non-residential square footage requirements.

(5)

Site design.

a.

Qualifying developments must locate all non-residential uses on the same (or unified) plot.

b.

Qualifying developments located on land zoned industrial must locate all non-residential uses in a structure separate from any residential uses. Structures used for more intense industrial purposes, as determined solely by the city, need to be buffered and setback from the residential structures in the same manner, applying setbacks, landscape buffers, and other applicable regulations as if the residential structures were on a separate site, to ensure compatibility between residential and industrial uses.

c.

Qualifying developments located on land zoned B-3 or industrial shall submit a study by an environmental consultant which performs a comprehensive site assessment of the existing property and proposed development demonstrating existing and proposed uses do not present potential hazard or detriment to residential buildings from noise, glare, odors, smoke, vibration, or environmental contamination.

(6)

Additional development standards.

a.

The following standards are applicable to all qualifying developments regardless of the zoning district they are located in:

(i)

Maximum density and height:

1.

With respect to the residential component of a qualifying development, the maximum density shall be the highest currently allowed density on any land in the city where residential development is allowed by right. This does not include the density of any building that met the requirements of this subsection or the density of any building that has received any bonus, variance, or other special exception for density provided in the Land Development Code ("LDC") as an incentive for development. The maximum permitted density in the City is forty (40) dwelling units per acre.

2.

The maximum height shall be the highest currently allowed for a commercial or residential building within the city and within one (1) mile of the proposed development, or three (3) stories, whichever is higher. This does not include the height of any building that met the requirements of this subsection or the height of any building that has received any bonus, variance, or other special exception for height provided in the LDC as an incentive for development.

3.

If the proposed development is adjacent to, on two (2) or more sides, a parcel zoned for single-family residential use that is within a single-family residential development with at least twenty-five (25) contiguous single-family homes, the city may restrict the height of the proposed development to one hundred fifty (150) per cent of the tallest building on any property adjacent to the proposed development, the highest currently allowed height for the property provided in the LDC, or three (3) stories, whichever is higher. For the purposes of this paragraph, the term "adjacent to" means those properties sharing more than one point of a property line but does not include properties separated by a public road.

(ii)

Minimum air conditioned dwelling unit size:

1.

Studio or one (1) bedroom: Eight hundred fifty (850) square feet;

2.

Two (2) bedrooms: One thousand two hundred (1,200) square feet;

3.

Three (3) or more bedrooms: One thousand four hundred (1,400) square feet for the first three (3) bedrooms, plus one hundred fifty (150) square feet for each additional bedroom/den.

(iii)

All other applicable land development code development standards unless specifically regulated in this section.

b.

Architectural requirements and building treatment.

(i)

Architectural requirements of the qualifying development shall conform to the guidelines for the district it is located within, where applicable. All qualifying developments proposed under this section shall be cohesive and architecturally compatible with guidelines as determined by staff.

(ii)

Overhead garage or loading doors larger than eight (8) feet in width or height shall not be located on immediate streetside elevations of buildings nor be oriented toward abutting residential uses, unless effectively screened from view and sound.

(iii)

Electrical and mechanical equipment shall be effectively screened from view from public areas, streets, adjoining properties, and residential uses.

c.

Maximum plot coverage. Uses shall be limited to a plot coverage of buildings and other impervious areas of no more than eighty (80) per cent.

d.

Minimum plot size regulations. The minimum size of a qualifying development shall be two (2) acres. Individual parcels within a qualifying development shall be no less than one (1) acre in size.

e.

Setback regulations.

(i)

Nonresidential buildings and mixed residential/nonresidential buildings shall be located no closer than sixty-five (65) feet from any street right-of-way external to the development. Residential buildings shall be located no closer than twenty-five (25) feet from any street located outside the boundaries of the qualifying development except where prohibited by the Broward County Trafficways Plan.

(ii)

Nonresidential buildings and mixed residential/nonresidential buildings shall be located no closer than fifteen (15) feet from the edge of pavement of any drive aisle, parking lot, or turn lane of any street internal to the development.

(iii)

No building shall be located closer than twenty-five (25) feet from any overall qualifying development project boundary.

(iv)

No window, door, or private balcony of a residential unit shall face any other building across a distance of less than twenty (20) feet at the same elevation.

(v)

Where apartments are located above a permitted nonresidential use, there is no minimum building separation requirement. However, the buildings shall satisfy any building setback requirements provided elsewhere in this chapter for the permitted nonresidential use.

(vi)

Where freestanding residential buildings are located adjacent to nonresidential buildings or freestanding residential buildings, the buildings shall be separated by at least the sum of the building heights, divided by two (2). Where townhouse units are proposed, the setbacks, separation and spacing requirements for townhouses shall be found in the comparable zoning district.

f.

Buffer/landscaping requirements. Qualifying developments which do not require conditional use approval shall conform to the landscaping and buffering requirements contained elsewhere in the land development code consistent with the residential zoning district which permits comparable density. Where uses require conditional use approval, a buffer and landscaping shall be provided consistent with the intent of this chapter and approved by the city commission.

g.

Parking.

(i)

Parking garages, if used, must be screened and shall not be located along roadway frontages.

(ii)

A qualifying development that is located within one-fourth (¼) mile of a transit stop, as determined by the city, may request up to a five (5) per cent reduction in the total parking requirements, and such request shall be evaluated based on site conditions and the following criteria:

1.

There is a continuous public sidewalk or multi-use path from the proposed qualifying development to the transit stop (or the proposed qualifying development will provide such continuous path); and

2.

The proposed qualifying development provides onsite and offsite enhancements to pathways and sidewalks to support pedestrian comfort and other improvements/techniques to achieve the same goal, including but not limited to: incorporating canopy trees; distinctive pavement; identity, wayfinding, and directional signage; transit infrastructure; and shaded rest areas furnished with appropriate street furniture.

(iii)

The city must reduce parking requirements by at least twenty (20) per cent for a proposed qualifying development if the qualifying development:

1.

Is located within one-half (½) mile of a major transportation hub that is accessible from the proposed development by safe, pedestrian-friendly means, such as sidewalks, crosswalks, elevated pedestrian or bike paths, or other multimodal design features.

2.

Has available parking within six hundred (600) feet of the proposed development which may consist of options such as on-street parking, parking lots, or parking garages available for use by residents of the proposed development. However, the city may not require that the available parking compensate for the reduction in parking requirements.

(7)

Regulatory compliance.

a.

In addition to the provisions set forth herein, qualifying developments shall comply with all other land development regulations applicable to multi-family developments in which the density is proposed.

b.

All aspects of the qualifying development shall be consistent with the city's comprehensive plan, with the exception of provisions establishing allowable use, height, and density.

c.

Compliance with applicable laws and regulations. In addition to the provisions set forth herein, qualifying developments shall comply with all other applicable state and local laws and regulations.

(8)

Expiration or loss of qualifying development status.

a.

Penalties. Any violation of the affordability requirement shall result in a monetary penalty to be deposited into the Affordable Housing Trust Fund. Such monetary penalty shall be assessed as a daily fine of two hundred fifty dollars ($250.00) per day per unit 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 body or board, including, but not limited to the code enforcement special magistrate.

b.

Loss for failure to meet affordability requirements. An approved qualifying development project which fails to maintain the required number of affordable dwelling units and does not comply with the affordable housing requirements of this section after notice and ninety (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.

c.

Expiration of covenant. A qualifying development, for which a covenant guaranteeing affordable housing has expired, shall be considered a legal conforming use.

(Ord. No. 2024-107, § 2, 3-6-24; Ord. No. 2024-109, § 2, 6-26-24)

(a)

Filing.

(1)

Application. The applicant shall submit the proposed site plan to the director of development services, or their designee. The application shall include:

a.

All information and be in the form as provided in section 201, "Approval of site development plan prerequisite to issuance of building permit."

b.

Affordable housing plan. Including dwelling unit mix, number of bedrooms and unit sizes, income levels to which each unit will be made affordable, methods used to advertise affordable units, annual certification form, and any additional information requested by director of development services.

c.

Reserved.

d.

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 thirty (30) years from certificate of occupancy and may only be released earlier by bringing the project into 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. Annual certification shall be submitted to the development services department.

e.

Legal documents demonstrating unified control of the proposed development site and providing for maintenance and cross-access, as applicable.

f.

A specific purpose survey demonstrating the one (1) mile distance for the proposed height determination (unless the comparable site is so obviously close to render this unnecessary) with a brief analysis of the comparable site.

g.

A brief analysis of the comparable 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, F.S. § 166.04151(7), project.

i.

A table, or tables, indicating the ratio of residential and non-residential square footage and affordable and market rate residential units.

j.

As required by the director of development services, qualifying developments located on B-3 or industrial zoning districts shall submit a study by an environmental consultant which performs a comprehensive site assessment of the existing property and proposed development demonstrating existing and proposed uses do not present potential hazard or detriment to residential buildings from noise, glare, odors, smoke, vibration, or environmental contamination.

k.

Analysis of water and wastewater demand associated with the development demonstrating demand is within existing availability.

l.

A traffic analysis demonstrating the ability to achieve an internal trip capture concurrent with the buildout of the project.

m.

A parking study if the qualifying development is requesting up to a five (5) per cent reduction in the total parking requirements, as provided in subsection 2501070(e)(6)(g).

(Ord. No. 2024-107, § 2, 3-6-24)