ITEM DESCRIPTION:
Title
2nd Reading - Ordinance 2024-O-34: Request to make text amendments changes to Chapter 21 of the Land Development Code to Article II - Definitions, Article III - Permitted, Conditional, Accessory, and Prohibited Uses, Article IV - Resource Protection Standards, and Article V - Site Design Criteria.
Body
REQUEST:
An Ordinance amending Chapter 21 (Land Development Code) proposing changes to Article II- Definitions, Article III-Permitted, Conditional, Accessory and Prohibited Uses, Article IV- Resource Protection Standards, and Article V-Site Design Criteria.
OVERVIEW:
This Land Development Code text amendment addresses changes to Chapter 2023-17, Laws of Florida, known as the “Live Local Act” approved on March 29th, 2023 by the Governor. The Act amended Section 166 04151, Florida Statues, and imposes various obligations, including the requirement for a municipality to authorize multifamily and mixed-use residential development as an allowable use in any area zoned for commercial, industrial, or mixed-use if at least 40 percent of the residential units in a proposed multifamily rental development are, for a period of at least 30 years, affordable as defined in Section 420 0004, Florida Statutes. The Act preempts certain use, density and height regulations. Subsection 166.04151(7)(f) of the Statute provides that if a municipality designates less than twenty (20) percent of the land within its’ jurisdiction commercial or industrial, the proposed multifamily development in areas zoned commercial or industrial must be mixed-use residential. The law allows a proposed affordable multi-family development to utilize the highest density in the municipality and to use the highest height within 1 mile of any commercial or industrial building or 35 feet. The Live Local Act also allows a developer to receive a 75 percent ad valorem tax reduction if at least 40 percent of the units are rented at 120 percent of Volusia County’s average median income (AMI). According to the Florida Housing Finance Corporation, the average median income in Volusia County is $82,800. Under the Live Local Act, at least 40 percent of the units would have to be rented at 120% AMI which equates to a studio apartment being rented for $1,740, a one bedroom apartment at $1,864, and a two bedroom apartment at $2,238. According to 2022 ACS Census data, the average median income in the City of Edgewater was $56,886.
In an interest to protect economic viability, neighborhood cohesiveness, quality of life, and the tax base, the City of Edgewater’s Development Services Department has proposed the following changes to Article II- Definitions, Article III-Permitted, Conditional, Accessory and Prohibited Uses, Article IV- Resource Protection Standards, and Article V-Site Design Criteria. The text amendment proposes the revision of the R-5 Multifamily Residential, adds Section 21-50.03 - “Amenities for Multifamily Developments” in Article V, revises the Buffer Yard Determination Process in Section 21-54.04, revises Table III-3 in Article III, and includes Definitions related to the Live Local Act in Article II.
The amended code changes restrict multi-family development to the R-5 zoning district and included enhanced standards for site development including increased open space, requirement of amenities, increased parking, and increased plantings in landscape buffers. Staff have also made edits to the landscape buffer table to decrease the width of most buffers to encourage commercial development while increasing the number of plantings to ensure compatibility with surrounding uses.
A full draft of the changes to the Land Development Code are attached at the end of this staff report.
Comprehensive Plan Compatibility:
Future Land Use Element:
• Policy 1.1.5 Housing. The Future Land Use Map shall contain an adequate diversity of lands for residential uses to meet the future demand for residential densities identified in the Housing Element.
Staff Response:
• Policy 1.14.2: Identifying and Prioritizing Infill Development Sites. Utilize existing inventories of land use information to identify and prioritize infill development sites; then coordinate with the Volusia County Office of Economic Development to make this information available to the private sector.
Staff Response: Centralizing high density housing near goods and services such as grocery stores and schools will ensure the highest and best land use for infill projects.
• Policy 1.18.3 - Incorporating Natural Site Elements in the Design Process.
As a Low Impact Development technique, the City shall ensure that all development and redevelopment projects, when feasible, incorporate natural site elements such as wetlands, river or stream corridors, drainage ways or mature forests as a design element to furth protect the City’s natural resources.
Staff Response: The revisions to the buffer yard requirements of the Land Development Code ensure landscaped buffers and canopy tree requirements will maintain the City’s recognition of a Tree City and improve the natural environment within the city.
HOUSING Element-
• Policy 1.2.2 Residential Neighborhoods and Incompatible Uses. The City shall buffer and screen residential neighborhoods from nearby incompatible uses by using landscape buffer yards or transitional uses.
Staff Response: The revisions proposed to the Land Development Code update the buffer yard requirements with the addition of site-specific uses while requiring a certain number of canopy trees, understory trees, and shrubs based on the buffer yard classification.
STAFF RECOMMENDATION
Motion to approve Ordinance 2024-O-34.