HomeMy WebLinkAbout08-06-2024 Supporting DocumentsI CITY OF OCOEE
labboft-10101 �)� � 1 N. Bluford Avenue
ocoV-iOcoee, Florida 34761
�£ 407-905-3100
SPEAKING RESERVATION FORM,
NOTE: All submitted speaking reservation farms are public records under Chapter 11, Florida Statutes, and are
open to inspection by all persons.
DATE
k
NAME PHONE # w "
e
OCOEE RESIDENT YES ] NO ❑
(OPTIONAL) ADDRESS �' ,t r _ �. CITY ZIP CODE-)
k
x-
I want to address the Board about (Please provide Item # and/or topic):
a
Do you have a pr p6red statement, or other document(s) from which you will address the Board?
No Yes if yes, please attach copy of same to this Reservation Form.
All proceedings before the Commission shall be governed by the Civility Code — see back
The following time limits to speak are in effect:
Public Hearings: petitioner presentation - 15 minutes; citizen comments - 5 minutes per speaker; petitioner rebuttal - 5
-_-:M. — ner speaker, per meeting.
CITY OF OCOEE
I N. Bluford Avenue
owes Ocoee, Florida 34761
"O"'Ici 407-905-3100
RE SPEAKING SRVATION F
EORM
NOTE: All submitted speaking reservation forms are public records under Chapter 119, Florida Statutes, and are
open to inspection by all persons.
DATE
NAME r i PHONE # y!Q-
OCOEE RESIDENT YES NO [I
(OPTIONAL) ADDRESS CITY ZIP CODE
E-MAIL (Ora kC\v-t, C13 1" CMr,, j I
j
I want to address the Board about (Please provide Item # and/or topic):
Do you have a prepared statement, or other document(s) from which you will address the Board?
No Yes if yes, please attach copy of same to this Reservation Form.
All proceedings before the Commission shall be governed by the Civility Code — see back
The following time limits to speak are in effect:
Public Hearings: petitioner presentation - 15 minutes; citizen comments - 5 minutes per speaker; petitioner rebuttal - 5
—411
- 3 minutes per speaker, per meeting.
CITY OF OCOEE
larm. 1-56ir I N. Bluford Avenue
ocoee Ocoee, Florida 34761
florldc 407-905-3100
SPEAKING RESERVATION FORM
NOTE: All submitted speaking reservation forms are public records under Chapter 119, Florida Statutes, and are
open to,ins pection by all persons.
DATE
NAME PHONE
OCOEE RESIDENT YES 0 NO
(OPTIONAL) ADDRESS CITY ZIP CODE
E-MAI
I want to address the Board about (Please provide Item # and/or topic):
#1' 1 C
4
Do you have a prepared statement, or other document(s) from which you will address the Board?
No �"/ Yes— if yes, please attach copy of same to this Reservation Form.
All proceedings before the Commission shall be governed by the Civility Code — see back
The following time limits to speak are in effect:
-1'1'«npr presentation - 15 minutes; citizen comments - 5 minutes per speaker; petitioner rebuttal - 5
--',-r ner meeting.
CITY OF OCOEE
1 NO i N�B|ufoAvenue
-- -- �
�������� �OcoeF|mida347G1
°
n~,ld= 407-905-3100
SPEAKING RESERVATION FORM
NOTE: All submitted speaking reservation forms are public records under Chapter t1S'Florida Statutes, and are
open toinspection byall persons.
DATE
NAME PHONE
OCOEE RESIDENT YES El Nb\t
(OPTIONAL) ADDRESS
"CITYP CODE
toaddress the Board about (Please provide Item # and/or tuoic): '
Doyou have aprepared ataternent orother documenth��omvvh�hyou wiUaddress the Board?
'
No
Yes L�,_ifyes, please attach copy ofsame hothis Reservation Form,
All proceedings before the Commission s hall be governed by the Civility Code — see back
The following time limits tpspeak are hmeffect:
Public Hearings: petitioner presentation - 15minutes; citizen comments -5minutes per speaker; petitioner rebuttal -5minutes.
Open to Public — Citizens Comments -3minutes per speaker, per meeting.
AN ORDINANCE OF OCOEE, FLORIDA,
AMENDING1 OF OCOEE LAND
DEVELOPMENT CODE '` USE/DEVELOPMENT
STANDARDS") TO IMPLEMENT THE PROVISIONSOF
LOCALTHE LIVE r614f
FLORIDA STATUTES, INCLUDINGDEFINING TERMS,
ESTABLISHINGPERMITTED DENSITY,
FLOOR AREA RATIO, AND HEIGHT, ESTABLISHING A
PROCESS FOR ADMINISTRATIVE APPROVAL,
PROVIDING Fi" DEED RESTRICTIONS AND ANNUAL
CERTIFICATION, PROVIDING i.REDUCTION
PARKING ' i REQUIRING EQUAL
TREATMENTOF i ' 1 •BLE HOUSING AND
ENFORCEMENT,MARKET RATE UNITS, PROVIDING FOR
r FOR i
CODIFICATION, s i 1 AN EFFECTIVE
DATE.
WHEREAS, on March 29, 2023, the Governor of the State of Florida signed Senate
Bill 102, known as the "Live Local Act," codified as to municipalities at Section 166.04151 et
seq., Florida Statutes, in an effort to increase the supply of affordable housing in the State of
Florida; and
WHEREAS, on May 16, 2024, the Governor of the State of Florida signed Senate Bill
328, which amended the Live Local Act to, among other things, preempt a local government's
floor area ratio for qualifying developments, requiring parking reductions when a qualifying
project is located in proximity to certain transportation facilities, and modifying height
entitlements when adjacent to certain single-family neighborhoods,
WHEREAS, the Live Local Act requires municipalities to allow multifamily rental and
mixed use residential development in any area zoned for "commercial, industrial, or mixed use" if
at least 40 percent of the residential units in a proposed multifamily development are rental units
that, for a period of at least 30 years, are "affordable" as defined in Section 420.0004, Florida
Ordinance No. 24-
Page 1 of 16
Statutes, and, in the case of a mixed use project, if at least 65 percent of the total square footage is
used for residential purposes, and the project otherwise "meets all other development regulations
and requirements" for multifamily rental development;
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WHEREAS, the Ocoee Land Development Code governs development within the
corporate limits of the City of Ocoee pursuant to the requirements of Section 163,3202 and Section
166,041, Florida Statutes; and
WHEREAS, Section 163.3174(4)(c), Florida Statutes, requires the Land Planning Agency
of the City of Ocoee (the "LPA") to review proposed land development regulations and
amendments thereto for consistency with the adopted Comprehensive Plan, as may be amended;
and
WHEREAS, the LPA held a public hearing on February 13, 2024, to consider an
amendment of the Ocoee Land Development Code to implement and enforce the Live Local Act
and made certain findings that the proposed changes set forth in this Ordinance are consistent with
the Comprehensive Plan and recommended that the City Commission enact the proposed
ordinance; and
WHEREAS, the Ocoee City Commission has determined that it is necessary for the
general welfare of the City to amend the Ocoee Land Development Code consistent with the City's
broad Home Rule powers under Article VIII, Section 2(b) of the Florida Constitution and Florida
Ordinance No. 24-
Page 2 of 16
Statutes § 166.021 in order to provide certification standards and implementation criteria for
proposed development under the Live Local Act; and
WHEREAS, the City Commission finds that this Ordinance serves a legitimate
government purpose and is in the best interests of public health, safety, and welfare of the citizens
of Ocoee;
WHEREAS, the City Commission finds that the land development regulations adopted
herein are consistent with the City's Comprehensive Plan, including Section VLA of the Housing
Element, which states, "It is the City's goal to provide housing with supporting infrastructure for
the anticipated population, with particular emphasis on very low, low, and moderate -income
households in Ocoee."
NOW, THEREFORE BE IT ENACTED by the City Commission of the City of Ocoee
that:
SECTION 1: AMENDMENT TO SECTION 5-15, ARTICLE V, OCOEE LAND
DEVELOPMENT CODE
Section 5-15 of the Ocoee Land Development Code ("Specific Use/Development
Standards") shall be amended as shown below. Words that are str-ieken ou are deletions; words
that are underlined are additions; Articles, Sections, Subsections and Provisions not referenced in
this ordinance are not modified:
D. Affordable Housing
(1) Definitions.
La) Affordable Housing refers to housing that is affordable, as defined in Section
420.0004(3), Florida Statutes.
(1b) Affordable Housing Protect refers to an affordable housing project that qualifies
Ordinance No. 24-,
Page 3 of 16
under the Live Local Act, Section 166.04151 et sea, Florida Statutes,
(c) Commercial, as used in Section 166.04151,...Florida Statutes, shall mean only the
commercial zoning districts of the city, which consist only of properties zoned Planned
11talC-1 C-2, and C-3, and no other zoning district.
,
(d) Eligible Zoning District includes the Commercial and Industrial zoning districts
identified in this Section.
(d) Height within Mile, as used in Section 166.04151 Florida Statutes, shall mean one
mile as a human being can travel along the public streets of the city within the normal
permitted lanes of travel from the center point of the proposed Affordable Housing Protect
to the center point of another property. Height within One Mile shall not mean a
straight-line distance as a bird might travel.
(e) Highest. Currently Allowed Densiby, as used in Section 166.0415 1, Florida Statutes,
shall mean
the highest
number of units
per acre established by
the
"High
Density
Residential"
future
land use map designation
within the adopted
City
of Ocoee
Comprehensive Plan. Highest Currently Allowed Density does not include densities
greater than that permitted in the High Density Residential land use designation to which
a development
may be entitled or the
density of any building that
has
received M
bonus, special
exception, agreement
to resolve a claim, variance,
or
as.. otherwise
provided as an incentive for development or recognized as a non -conforming or
grandfathered use.
(f) Highest CurrenLlyAllo-wed Floor Area Ratio, as used in Section 166.04151 Florida
Statutes shall mean the highest building square footage calculated based on floor area
rat " future land use map designations
Ordinance No. 24-
Page 4 of 16
within the adopted City of Ocoee Comprehensive Plan. Highest Currently Allowed
Floor Area Ratio does not include the floor area ratio greater than any established by
the Commercial and Industrial future land use designations or the building square footage
or floor area ratio of any building that has
received any
bonus,specialexception,
agreement to resolve a claim, variance, or as
otherwise provided
as
an incentive for
development or recognized as a non -conforming or grandfathered use.
(g) Highest Currently Allowed Height as used in Section 166.0415 1, Florida Statutes,
shall only mean the higher of either three (3) stories or an approved and currently
allowed commercial or residential building's Height Within One Mile of the proposed
Affordable Housing Project, as defined in this Section and as determined by reference to
the maximum height allowed by Table 5-2 in Article V of the Ocoee Land
Development Code for a commercial or residential development. Highest Currently
Allowed Height shall not include any height awarded to any development project as a
bonus, special exception, agreement to resolve a claim, variance, or allowed as a non-
conforming or gandfathered use, or include any projections not used for human
occupancy under Section 5-5 of the Ocoee Land Development Code. However, if the
pro -posed development. is adjacent to, on two or more sides, a parcel zoned for single-
family residential use that is within a single-family residential development with at least
25 contiguous ..single-family homes, the City may restrict the height of the proposed
development to 150 percent of the tallest building on any property adjacent to the
proposed development, the highest currently allowed height for the property provided in
the municipality's land development regulations, or 3 stories, whichever is higher. For the
purposes of this Para grph, the term "adjacent to" means those properties sharing more
Ordinance No. 24-_
Page 5 of 16
than one point of a property line, but does not include properties separated by a public
road.
(h) Industrial as used in Section 166.04151, Florida Statutes, shall mean only the
Ph.i Ined LJMitj? -11 1-1 and 1-2 industrial zoning districts of the city
E
and no other zoning district.
(i) Dye Local Act refers specifically to 2023 Senate Bill 102, sip-ned by the Governor
of Florida on March 29, 2023, effective ;July 1, 2023, as modified by 2024 Senate Bill
328, signed by the Governor of Florida on May 16, 2024, and codified as to
municipalities at Section 166.04151 et sea., Florida Statutes.
() Major Transportation Hub shall mean any transit station whether bus, train, or light
rail which is served byublic transit with a mix of other transportation options.
(2) Permitted Zoning, Parking, Density, Floor Area Ratio and Height.
(a) Zoning. Affordable housing projects under Live Local Act shall be
permitted only in the Commercial and Industrial zoning districts of the City.
(b) Parking. Affordable Housing Projects must meet all parking requirements
under the Ocoee Land Development Code, except that:
I . The City shall reduce required parking by at least 20% if any of the
following conditions apply:
i. The proposed project is located within one-half (1/2) mile o
a Major Transportation Hub and is accessible to the Major
Transportation Hub by safe, pedestrian -friendly means, such as
sidewalks, crosswalks, elevated pedestrian or bike paths, or other
multimodal design features. A major transportation hub shall mean
Ordinance No. 24--
Page 6 of 16
any transit station, whether bus, train, or light rail, which is served
by public transit with a mix of other transportation options.
ii. The proposed project has available parking within 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 deyglopinent.
2. The City shall consider a reduction in required parking for
proposed development located within one -quarter (1/4) mile of a transit stop
accessible from the development, to the extent supported by appropriate
documentation.
(c) Allowed Density and Floor Area Ratio.
I . An Affordable Housing Project is entitled to the Highest Currently
Allowed Density and Floor Area Ratio in the City, as defined in this Section.
2. An Affordable Housing Proiect may be awarded a density bonus if it
meets the saine architectural enhancement requirements for a density bonus
as a project that does not qualify as an Affordable Housing Project.
(d) Allowed Heiglit. An Affordable Housing Project is entitled to the Highest
Currently Allowed Height, as defined in this Section. Building height shall
be measured from the average glade of the crown of a street or streets
abutting the property measured from the centerline to the roof peak. Within
special flood hazard areas, building height shall be measured from the
required Design Flood Elevation, as prescribed in Article VII, Part 11,
Floodplain.Management, of the Land Development Code, to the roof peak.
Ordinance No. 24-
Page 7 of 16
(3) Compliance with Land Development Regulations. The proposed Affordable
Housing Project must comply with all land development regulations j11-,jCL9btC to
m-LIJI i f a m i dev lo j n R -3 zoU0
ning.."'s5"t, t. -Ij Cre 1 a to �—�- Le
_
o the extent the Live Local Act
expressly pregnpts local ordinances with respect to land use, zoning, height, density, floor area
ratio, and parking.
(4) Process for Administrative Approval
(a) Submission. An gpplication for administrative approval of a qualifying
Affordable Housing Project located within an Eligible Zoning District, shall include:
1. Application Fee. Payment of an application fee according to the fee
schedule in effect at the time of the application;
2. Pwre-h �Sl 'S
:_�WqywiL Aahjya. If the applicant is not
the owner of record, then the applicant shall submit a copy of a fully executed
1 , -, , 1 �4 - g
Owner's A icLa il linti tcant-w-act -LISTN� i)w.a -sluil �!C ,,I ena
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-Taft "appL—Ru"',
in cqnLtjgQjj�j(j,- _NvAb—the r N,_desqjbed- - in -__the
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3. Application Form. Any application form required by the city
4. Project Narrative. The application shall contain a narrative which
demonstrates the Affordable Housing Project's compliance with Section
166.04151(7)(a) - (g), Florida Statutes.
5. Site Development Plan, The application shall include a site
Ordinance No. 24-
Page 8 of 16
development plan complying with Section 4-3 of the Ocoee Land Development
Code and shall include a site data table identifying
:
(a) the number of total units;
(b) the number of Affordable Housing units*,
(c) the number of dwelling units per acre;
(d) the heiglit_qf all proposed buildings;
(e) a description of how the tallest building or buildings meet the
Highest Allowed Height-
(f) for any multifamily rental development, calculations demonstrating
that at least forty (40) percent of the residential units are affordable
units as defined by Section 420.0004, Florida Statutes, for a period
of at least thirty (3.0) years-, and
(g) for any. at least 65
percent of the total square footage is used for residential. purposes.
afehiteewf&�,
m L
-6-7. Affidavit of Commitment. The application for an Affordable
Housing Project shall include an executed Affidavit of Commitment to City of
Ocoee's Affordable Housing standards, which shall attest to: (a) a 30-year
commitment to provide Affordable Housing as defined by Section 420.0004,
Florida Statutes; (b) an acknowledgement of the City's ri t to monitor and audit
records for a minimum of 30 years of operation; (c) an acknowledgement of the
Ordinance No. 24-,
Page 9 of 16
responsibility of the owner and operator of the Affordable Housing Project to
submit an annual Certification of Compliance, attested to by a certified public
accountant, that the tenants residing in the designated Affordable Housing units
meet the reported income eligibility requirements for Affordable Housing and that
the rent charted for at least 40% of the units provide Affordable Housing under
Section 420.0004, Florida Statutes, and (d) further acknowledge the penalties for
non-compliance as set forth in this Section.
79. Any other information reasonably required by the City that is
consistent with the intent and puroose of this Section and the Live Local Act.
(b) SufLiciency Review. Within ten (10) business days of receiving an application
for an Affordable Housin2 Proiect, the city shall complete a.sufficiency review of the
materials submitted and respond to the applicant that the application is either complete or
shall specify
what items are still required. The applicant shall then provide the items
required to make the application complete, which shall then begin.... another ten -(10
business day sufficiency review period, and so on until a complete application is
received. An Application for Building Permits shall be processed in accordance with
Section 553.792, Florida Statutes. A contract to purchase the real property for which the
Affordable Housing Project is proposed must be in full force and effect during the
sufficiency review periods. If any contract expires within such time periods, then the eity
shall not begin or complete the sufficiency review.
(c) Review Procedures. The application shall comply with the site plan
review procedures established in Section 4-3 Article IV except that protect applications
shall not be required to undergo public hearings before the Planning and Zoning
Ordinance No. 24-,
Page 10 of 16
Commission or the City Commission for approval of land use, zoning, density, floor are
ratio, or height, as enumerated in the various subsections of Section 4-3 and in Section
166.04151(7)(a), Florida Statutes.
(d) The City Manager shall maintain on the Cijy's website a policy containing
the foregoing procedures for administrative approval.
(5) Recqrdiny, of Deed Rgstrictions. Subordination - of Liens, and Annuff
Certification.
(a) Covenant of Deed Restrictions. When the City approves an Affordable
Housing Project under this Section, the applicant must,. prior to approval of
N Pqmxrecords of
Orange County a Covenant of Deed Restrictions running with the land with terms
acceptable to, and enforceable by the City that:
1. Prohibits any Affordable Housing unit from being rented or sold at a
price exceeding the threshold for housing that is affordable for very low-income,
low-income, or moderate -income persons, or to a buyer who is not eligible due to
their reported income under Section 420.0004, Florida Statutes, or as subsequently
defined by Florida law;
2. Is binding on the applicant and all successors and assigns for at least 30
years from the date the City issues a Certificate of ®chancy, consistent with the
Live Local Act;
3. Acknowledges the city's enforcement remedies, including a daily
code enforcement fine for each unit that is in violation of the requirement to
provide Affordable Housing for at least 40 percent of all units for thirty years, and
Ordinance No. 24-
Page 11 of 16
for failure to timely provide an annual Certification in which a certified public
accountant attests to compliance with the Live Local Act -
Subordination of Liens. Any mortgage holders or holders of any other
encumbrance on the property proposed for the Affordable Housing Project must
execute and record a subordination of their lien interest to such deed restrictions
prior to, or simultaneously with the recording of the deed restrictions required b
this subsection.
(c) Annual Certification of Complianee. By no later than March 3 01h of each full
year after a certificate of occupancy is issued, for a total of thirty years from the
date of the certificate of occupancy , the owner or operator of the Affordable
Housing Project shall submit to the City Clerk a Certification in which a certified
public accountant attests that the Affordable Housing Project meets the
requirements of Section 166.04151, Florida Statutes, insofar as:
i. At least 40 percent of the residential units are rented as Affordable
Housing as defined in s. 420.0004, Florida Statutes-, an
ii. The tenants living within the designated Affordable Housing units
are eligible to do so based on their reported household income, as defined in
Section 420.0004, Florida Statutes.
(6) Equivalent Treatment of all Dwelling Units.
As a condition of approval of any Final Site Plan and prior.. to the issuance of any site or
building permits for construction of the proposed Affordable Housing Project, such project must
demonstrate and commit that:
Ordinance No. 24-.
Page 12 of 16
(a) The -affordable dwelling units si afl be,,interjuixed nw noUs t qi c
fto �jjet m,-market rate dwelling units
atfoci [ <�iin [ t must at 1 wardble in t n-ris s)- , ic<�i�jpgs imy t��ia���cfor
t unit , -b 4 „ tb t1= is ,... s o
(
Ite lw ,_awl
¢e) All common areas and amenities shall be accessible and available to all residents
regardless of whether they reside in Affordable Housing or market rate dwelling units, and
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a"tt w x t 8 „, a'atY y.
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(7) Enforcement.
(a) Violations of this Section and the commitment to provide Affordable Housing
shall be subject to a fine of no less than $250 00 per day for each unit in violation, either
because an ineligible person resides in the unit ar the unit is rented at a level in excess of the
threshold for Affordable Housing, and for each day the Annual Certification of Compliance is
not received by the cityby March 30t1' of every year, as required by this Section. Any
violation must be cured within 30 days, which the City Commission finds is a reasonable
time In addition to fines that may be assessed if the violation is not cured within 30 days, the
City shall treat the development as a nonconforming use.
Ordinance No. 24-
Page 13 of 16
(b) The owner and operator shall be liable for and shall reimburse the City for all
costs and reasonable attorney's fees that the City incurs in the enforcement of these provisions.
(c) The Special Magistrate of the City of Ocoee, and in the Special Magistrate's
absence the Code Enforcement Board, shall be authorized to enforce the provisions of this
Section. Any fines assessed shall become a lien on the real property in violation and on an
personal property of the violator if not paid to the City within 60 days of the Order imposing
fines.
(8) Repeal of the Live Local Act. Should the Live Local Act, or M sj2ecificl2ortio
thereof, be repealed, the sections of this Ordinance that specifically reference the Live Local Act,
or the specific repealed portion thereof, shall be immediately nullified, except that the annual
Certification of Compliance, the Covenant of Deed Restrictions, and the City's right to enforce
such deed restrictions, shall continue for thirty (30) years after issuance of a Certificate of
Occupancy
SECTION 2: SEVERABILITY AND CORRECTION OF ERRORS. The provisions of this
Ordinance are declared to be severable and if any section, paragraph, sentence or word of this
Ordinance or the application as to any person or circumstance is held invalid, that invalidity shall
not affect other sections or words or applications of this Ordinance. If any part of this Ordinance
is found to be preempted or otherwise superseded, the remainder of this Ordinance shall
nevertheless be given full force and effect to the extent permitted by the severance of such
preempted or superseded part. The City Clerk is given liberal authority to ensure proper
codification of this Ordinance, including the right to correct scrivener's errors.
SECTION 3: CONFLICTS. In the event of a conflict between this Ordinance and any other
ordinance of the City of Ocoee, this Ordinance shall control to the extent of any such conflict.
Ordinance No. 24-
Page 14 of 16
SECTION 4: EFFECTIVE DATE. This Ordinance shall take effect immediately upon its
passage and in accordance with Florida law.
Ordinance No. 24--
Page 15 of 16
PASSED AND ADOPTED this day of 2024.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
LPA HEARING: 2024
ADVERTISED 12024
READ FIRST TIME 2024.
READ SECOND TIME AND ADOPTED
,2024.
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED
AS TO FORM AND LEGALITY
this day of )2024.
By:
Richard S. Geller
City Attorney
Ordinance No. 24--
Page 16 of 16