…title
ITEM: RESOLUTION NO. R2026-36 (FEE WAIVER FOR AFFORDABLE HOUSING PROJECTS AT 16651 VAN GOGH ROAD AND 16651 VELAZQUEZ ROAD)
A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL, WAIVING THE PARKS AND CIVIC LAND DEDICATION REQUIREMENTS, CERTAIN IMPACT FEES, AND BUILDING PERMIT FEES FOR THE DEVELOPMENT OF AFFORDABLE HOUSING AT 16651 VAN GOGH ROAD AND 16651 VELAZQUEZ ROAD, AS PERMITTED BY CHAPTER 163.31801, FLORIDA STATUTES; AND PROVIDING AN EFFECTIVE DATE.
REQUEST: Approval of Resolution No. R2026-36 waiving the Parks and Civic land dedication requirements, Multi-modal and Parks and Recreation Impact Fees, and Building Permit Fees for the development of affordable housing at 16651 Van Gogh Road and 16651 Velazquez Road.
…body
EXPLANATION: The Live Local Act (Senate Bill 102) was approved by the Florida Legislature in 2023 and has been amended each year since. The Act requires local governments to allow multifamily and mixed-use developments in areas zoned for commercial, industrial, or mixed-use without a land use amendment, rezoning, or similar approval. The Act establishes the maximum density and height for the development, and the percentage of units required to be affordable. The developments must meet the land development regulations for multifamily residential and be administratively approved.
NuRock is the developer proposing two Live Local projects at 16651 Van Gogh Road and 16651 Velazquez Road in Wellington. Each project is 106 units that are 100 percent affordable. The developer is working with Palm Beach County to obtain financing assistance through the County’s housing bond program. The developer has also requested a waiver of Wellington’s land dedication requirements and fees.
The Wellington Land Development Regulations, Section 8.5.2.C., require the developer to dedicate land, pay a fee in lieu, or a combination, at the option of Wellington, for public parks and civic facilities land. This requirement is 10 acres per 1,000 residents of the development for parks and 1 acre per 1,000 residents for civic. This is based on Wellington’s median household size of 2.81 persons per unit. The project sites are 4.86 acres each. Based on the requirement, the developer would need to contribute either 3.01 acres or pay a fee in lieu of for each project. In support of the proposed affordable housing development, a waiver is proposed.
Wellington’s Code of Ordinances, Chapter 10 - Impact Fees, establishes impact fees for its Multi-modal Facilities, Parks and Recreation Facilities, and Public Facilities. The roadways surrounding the project sites are Palm Beach County’s, the State of Florida’s, and private. The parks near the project site most likely to be utilized by the project’s residents are Palm Beach County’s. In support of the proposed affordable housing development, a waiver of the Multi-modal Facilities, along with the Parks and Recreation Facilities Impact Fees are proposed. The impact fee for Public Facilities is not being waived.
The proposed waivers are supported by s. 163.31801, F.S., which allows municipalities to provide an exemption or waiver for an impact fee for the development or construction of housing that is affordable, as defined in s. 420.9071, Florida Statutes.
BUDGET AMENDMENT REQUIRED: N/A
PUBLIC HEARING: NO QUASI-JUDICIAL:
FIRST READING: YES SECOND READING:
LEGAL SUFFICIENCY: YES
FISCAL IMPACT: The estimated fees for the proposed waivers are approximately $125,000 for the Multi-modal Impact Fee, $358,000 for Parks and Recreation, and $361,000 for the parks and civic land dedication in lieu. The Public Facilities Impact Fee estimate is $100,000 and is not being waived.
WELLINGTON FUNDAMENTAL: Responsive Government
RECOMMENDATION: Approval of Resolution No. R2026-36 waiving the Parks and Civic land dedication requirements, Multi-modal and Parks and Recreation Impact Fees, and Building Permit fees for the development of affordable housing at 16651 Van Gogh Road and 16651 Velazquez Road.