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ITEM: RESOLUTION NO. R2026-36 (FEE WAIVERS 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, 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: Consideration of Resolution No. R2026-36 waiving the Parks and Civic land dedication requirements, the Multi-modal, Parks and Recreation, and Public Facilities Impact Fees, and Building Permit Fees for the development of affordable housing at 16651 Van Gogh Road and 16651 Velazquez Road.
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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 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 multifamily residential land development regulations and be approved administratively.
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 units will be available to households with incomes between 30 and 80 percent of the area median income (AMI). Palm Beach County approved financing assistance through the County’s housing bond program and funding for a portion of the development’s impact fees for Palm Beach County (Roads, Parks, and Public Building impact fees). The developer has requested a waiver from Wellington’s land dedication requirements, impact fees, and building permit 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. The land dedication requirement is 10 acres per 1,000 residents projected by the project development for parks and 1 acre per 1,000 residents for civic facilities. The number of projected residents 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 for each project.
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 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.
The developer also requested a waiver of the projects’ building permit fees. The projected building permit fees for each project are estimated at $600,000 based upon a construction cost estimate of approximately $30 million. By January 1, 2027, Wellington’s building permit fee structure is required to be changed to reflect the costs of providing the service and not a percentage of the construction cost. This change to the building fee structure will likely result in a reduced building permit fee for the projects.
BUDGET AMENDMENT REQUIRED: N/A
PUBLIC HEARING: NO QUASI-JUDICIAL: NO
FIRST READING: YES SECOND READING: N/A
LEGAL SUFFICIENCY: YES
FISCAL IMPACT: The estimated fees are approximately $125,000 for the Multi-modal Impact Fee, $358,000 for Parks and Recreation, and $100,000 for Public Facilities. The estimated in-lieu payment for the parks and civic land dedication is $361,000. The estimated building permit fees are approximately $600,000.
WELLINGTON FUNDAMENTAL: Responsive Government
RECOMMENDATION: Consider Resolution No. R2026-36 waiving the Parks and Civic land dedication requirements, the Multi-modal, Parks and Recreation, and Public Facilities Impact Fees, and Building Permit Fees for the development of affordable housing at 16651 Van Gogh Road and 16651 Velazquez Road.