23-1586 Amending Sec. 2-5.5 Affordable Housing Developments

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NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA, AS FOLLOWS: SECTION L RECITALS. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Commission of the City of Casselberry. SECTION II. AMENDMENTS TO ADD NEW SECTION 2-5.5. The City Commission hereby approves and adopts modifications to the Unified Land Development Regulations, Chapter II, District and General Regulations, Article V, Zoning District Regulations, by adding a new section entitled "Affordable housing under the Live Local Act" as follows: Section 2-5.5. - Affordable Housing under the Live Local Act. A. Applicability. Except as otherwise provided, the provisions of this Section shall apply to qualifying developments authorized by Fla. Stat. 166.04151 in the CL CG, CS, I, I -M, PMX-L, PMX-H PMX-MID or PMX-HIGH zoning districts. B. Affordability commitment. Any affordable housing development built under the preemptive regulations in the "Live Local Act" (2023) must comply with Fla. Stat. 166.0415 I's mandate of providing a minimum of 40% affordable housing for 30 years by recording a restrictive covenant on the property to that effect; if the development does not comply with the Act for 30 years, then the City will consider the affordable housing units non -conforming uses subject to Article VIII, Nonconforming Uses and Noncompliant Structures. 1. The City will enforce the restrictive covenant. After a property is no longer qualified as affordable housing due to violation of the restrictive covenant, the City may impose additional regulations on the development at the City Commission's discretion at a public hearing, to include stricter design standards, landscaping, upgraded amenities, and other regulations designed to protect the area and ensure compatibility of nearby uses. C. Development of land authorized under Fla. Stat. 166.04151. 1. Density. Proposed development authorized under Fla. Stat. 166.04151 shall not exceed the maximum allowed density for residential development in the Citv. 2. Height. Proposed development authorized under Fla. Stat. 166.04151 shall not exceed the highest currently allowed height for a commercial or residential development located in the City within 1 mile of the proposed development or three (3) stories, whichever is higher. Ordinance 23-1586 1 Page 2 of 8