Nicole
Macinnes, Esq
Stearns
Weaver Miller
David Goldstein Chief Assistant County Attorney Pasco County
Tom Ryan, CEcD, Vice President, Business Development, Pasco Economic Development Council
Cynthia Spidell, MBA, AICP, Associate Director of Planning, Stearns Weaver
Miller
Importance of Industrial & Implications of the Live Local Act
Presented by Nicole
Neugebauer MacInnes
September 6, 2024
The information provided in this presentation does not, and is not intended to, constitute legal advice; it is for general informational purposes only. Information in this presentation may quickly become outdated. Viewers of this presentation should contact their attorney to obtain advice with respect to any particular matter. No one should act or refrain from acting on the basis of information in this presentation without first seeking legal advice from counsel. Only your attorney can provide assurance that the information contained in this presentation, as well as the reader's interpretation of that information, is appropriate to any particular situation.
This presentation is the property of Stearns Weaver Miller, P.A. and distribution and publication of such presentation is prohibited without the consent of Stearns Weaver Miller, P.A.
Florida has experienced extraordinary growth & a booming real estate market.
This success has created a lack of affordable and workforce housing for Floridians.
Florida has experienced extraordinary growth & a booming real estate market.
This success has created a lack of affordable and workforce housing for Floridians.
On March 29, 2023, Governor DeSantis signed Senate Bill 102—the Live Local Act— to provide developers with incentives to construct affordable and workforce housing
Transformative legislation - largest housing investment in Florida’s history.
The land use administrative approval process from the 2023 Live Local Act has been inconsistently implemented across the State of Florida.
The ad valorem tax exemptions also went through the first application cycle and the implementation process was slightly different than outlined in the 2023 Live Local Act.
The Senate (Senate Bill 328) and House (House Bill 1239) filed companion amendments to the 2023 Live Local Act.
On February 28, 2024, the Florida Legislature passed Senate Bill 328. It was signed by the Governor on May 16, 2024.
A. Local governments are required to prepare an inventory list of all property in its jurisdiction that may be appropriate for affordable housing and publish the list on its website.
B. Local governments are encouraged to develop best practices manual for surplus land programs.
A. If 10% of the project’s units are affordable, a local government may approve a housing development on property zoned commercial or industrial.
• Law used to prohibit projects from using this local government process if the developer applied for or received SAIL funding under section 420.5087, Florida Statutes.
B. Administrative Approval for 40% Affordable Multifamily Projects: a county/municipality must administratively approve a multifamily and mixed-use residential project and cannot require a rezoning, land use change, special exception, conditional use approval, variance, or comprehensive plan amendment for the building height, zoning, or density if the 40% of the units are restricted to 120% AMI and below.
•Time Frame: expires October 1, 2033.
Step 1:
Is the area zoned for commercial, industrial, or mixed-use?
Step 2:
Can the developer design a project to meet other land development code standards for multifamily projects in the multi-family zoning district permitting the greatest density in the jurisdiction? This includes setbacks, parking, open space, buffers, etc.
Step 3: Can the project meet all other applicable state and local laws and regulations?
Step 4: Is the Project affordable?
•At least 40% of multifamily residential units are affordable for at least 30 years;
•Affordable = monthly rents, including taxes, insurance and utilities
Extremely-low-income persons (< 30% AMI),
Very-low-income persons (50% AMI),
Low-income persons (80% AMI), and
Moderate-income persons (120% AMI).
Step 5: If the Project is mixed use (or required to be mixed-use), is it at least 65% residential (based on square footage)?
If the project can meet all of the foregoing, then: a county/ municipality MUST administratively approve a multifamily and mixed-use residential project.
The local government CANNOT require a rezoning, land use change, comprehensive plan amendment, variance, special exception, or conditional use.
Key Takeaway:
• This is HUGE because it removes the politics and risk from a traditional rezoning or comprehensive plan application.
2023 LLA: prohibits local governments from restricting the density below the highest allowed density in any land in the jurisdiction where residential development is allowed.
2024 LLA: prohibits local governments from restricting the density below the highest currently allowed density in any land in the jurisdiction where residential development is allowed under the local government’s land development regulations.
• The highest currently allowed density does not include the density of a development that received an administrative approval under the Live Local Act, or that received a bonus, variance, or special exception for density or floor area ratio provided as an incentive for development.
2023 LLA: Floor Area Ratio (“FAR”) is not expressly mentioned.
2024 LLA: prohibits local governments from restricting the FAR below 150% of the highest allowed FAR in any land in the jurisdiction where residential development is allowed under the local government’s land development regulations.
• The highest currently allowed density does not include the density of a development that received an administrative approval under the Live Local Act, or that received a bonus, variance, or special exception for density or floor area ratio provided as an incentive for development.
2023 LLA: must be allowed to develop up to the highest currently allowed height for a commercial or residential development in its jurisdiction within 1 mile or 3 stories, whichever is higher.
2024 LLA: same as 2023 LLA, except, if adjacent to, on two or more sides, a parcel or parcels zoned for single family residential development with at least 25 contiguous single-family homes, then height is limited to 150% of the tallest building on property within ¼ mile of the proposed development or 3 stories, whichever is higher.
• “Adjacent to” means properties that share more than one point of a property line, but not property separated by a public road.
• Highest currently allowed height does not include the height of any building approved through the administrative approval process, or any bonus, variance, or other special exception provided as an incentive for development.
2023 LLA: requires the proposed multifamily project to be comprised of rental units only.
2024 LLA: requires 40% of the residential units to be affordable rental units, but the remainder of the residential units can be for sale or rental market rate units.
2023 LLA: local governments must consider a parking reduction if the project is within ½ mile of a major transit stop and the stop is accessible from the development.
2024 LLA: same as the 2023 LLA, but further requires the local government to reduce parking by 20% if the development is located within ½ mile of a major transportation hub that is accessible from the proposed development by safe, pedestrian-friendly means, and has available parking within 600 feet of the proposed development available for use by the residents of the proposed development.
• Eliminates parking for a proposed mixed-use residential development if it is within an area recognized by the local government as a transit oriented development area.
2023 LLA: n/a
2024 LLA: prohibits local governments from administratively approving a proposed development within ¼ mile of a military installation as defined in section 163.3175(2), Florida Statutes.
Avon Park Air Force Range Camp Blanding
Eglin Air Force Base Homestead Air Reserve Base
Jacksonville Training Range Complex MacDill Air Force Base
Naval Air Station Jacksonville
Naval Support Activity Panama City
Naval Air Station Pensacola
Naval Air Station Key West
Naval Support Activity Panama City
Naval Air Station Whiting Field
Naval Station Mayport Patrick Space Force Base and Cape
Canaveral Space Force Station
Tyndall Air Force Base
United States Southern Command
2023 LLA: n/a
2024 LLA: requires proposed developments located in a transit oriented development or area to be mixed-use residential (residential and non-residential uses) and otherwise comply with the local government’s regulations for transit oriented developments or areas except for use, height, density, and FAR unless otherwise agreed to by the local government and the applicant.
• Per the 2023 LLA, mixed use projects must be 65% residential (square feet).
2023 LLA: n/a
2024 LLA: allows, but does not require, local governments to grant a bonus, variance, conditional use, or special exception for height, density, or FAR for a proposed development.
2023 LLA: n/a
2024 LLA: prohibits the use of the administrative approval process for airport-impacted areas as provided in section 333.03. Section 333.03 is amended to include the following:
• A proposed development near a runway within ¼ mile laterally from the runway edge and within an area that is the width of ¼ mile extending at right angles from the end of the runway for a distance of 10,000 feet of any existing airport runway or planned airport runway identified in the local government’s airport master plan.
• A proposed development within any airport noise zone identified in the federal land use compatibility table or in a land-use zoning or airport noise regulation adopted by the local government.
• A proposed development that exceeds maximum height restrictions identified in the political subdivision’s airport zoning regulation adopted pursuant to this section.
2023 LLA: n/a
2024 LLA: requires local governments to maintain a policy on their websites with procedures and expectations for the administrative approval process.
2023 LLA: n/a
2024 LLA: applicants have the option to proceed under the 2023 Live Local Act or the 2024 Live Local Act, so long as the application, written request, or notice of intent was submitted and received by the local government prior to the effective date of the 2024 Live Local Act.
• Based on this language, developers should submit applications, written requests, or notices of intent as soon as possible if the developer desires to be grandfathered under the 2023 Live Local Act.
B. The “Missing Middle”: Up to 100% ad valorem exemption for “Missing Middle” units on a unit by unit basis:
•75% of the assessed value of the qualified property if the property is restricted to greater than 80% and no more than 120% AMI, or
•100% of the assessed value of the qualified property if the property is restricted to not exceed 80% AMI.
• Number of units: must have more than 70 affordable units.
• Construction: The multifamily project must be newly constructed.
•Newly constructed means an improvement to property which was substantially completed within five years before first certification application to FHFC.
• Income: units must be restricted to not exceed 120% AMI (75% exemption) or 80% AMI (100% exemption) or 90% of fair market value, whichever is less.
Cynthia D Spidell, MBA, AICP
Lee County: https://www.leegov.com/dcd/livelocal
City of Melbourne: https://www.melbourneflorida.org/departments/commun ity-development/affordable-housing-development
Forward Pinellas: Introducing the “Live Local” Affordable Housing Dashboard - Forward Pinellas
Source: https://www.leegov.com/dcd/livelocal
Source: https://www.leegov.com/dcd/livelocal
Source: https://www.leegov.com/dcd/livelocal
Source: https://www.leegov.com/dcd/livelocal
Source: https://www.leegov.com/dcd/livelocal
Source: https://www.melbourneflorida.org/departments/communitydevelopment/affordable-housing-development
Source: https://www.melbourneflorida.org/departments/communitydevelopment/affordable-housing-development
Land Development Regulations (Melbourne Code of Ordinances, Part III, Land Development Regulations, Appendix B Zoning, Article V, District Regulations, Section IV: Affordable Housing Development):
Source: Appendix B - ZONING | Code of Ordinances | Melbourne, FL | Municode Library
Source: https://www.melbourneflorida.org/departments/communitydevelopment/affordable-housing-development
Source: Introducing the “Live Local” Affordable Housing DashboardForward Pinellas