THE FLORIDA
Live Lo ca l – APA Flo rid a Pub lic Jan. 25, Po licy 2024 Wo rksho p
HOUSING
COALITION
The Live Local Act – an array of affordable housing policies Funding & property tax incentives • SHIP & SAIL • Missing middle property tax exemption • Local option property tax exemption • Local funding sources
Land use tools • Mandate for AH in commercial, industrial, and mixed-use zones (s. 125.01055(7)/166.04151(7) • Optional land use tool (s. 125.01055(6)/166.04151(6)
Publicly owned land
Other innovative housing solutions
• Identifying public land “appropriate” for affordable housing • Using public land for permanently/long-term public good
• Zoning reforms to allow more homes by-right • Local incentive programs • Guided growth • Innovative building techniques
Funding
Funding in the Live Local Act Program
Live Local Act
State Housing Initiatives Partnership (SHIP) Program
$252m
State Apartment Incentive Loan (SAIL) program
$109m for traditional SAIL $150m for “Innovative Multifamily Development”
Hometown Hero Program
$100m (from GR) GONE – as of 8/23/23. Additional $36mm allocated by FHFC.
Inflation Response Program
$100m GONE
Live Local Tax Donation Program
(up to $100m**)
Total funding
$811,000,000
Publicly Owned Land
Using publicly-owned land for affordable housing • F.S. 125.379/166.0451 – Florida’s “surplus land laws”
• Requires every city and county (and their dependent special districts) to identify publicly-owned lands that are “appropriate for use as affordable housing” to be placed on a publicly-posted affordable housing inventory list • LLA amendments: 1) extend inventory requirement to DSDs; and 2) requirement to post inventory list online
• Florida law does not clearly define what “appropriate” means in the context of identifying public land appropriate for affordable housing – the decision is largely left up to the discretion of the local governments. • Jurisdictions that have recently enacted/supported public land for AH programs (there’s a lot of good ones): Pensacola/Escambia County
Tampa
Miami-Dade County
Fort Myers CRA
Panama City
Pasco County School Board
Zoning & Land Use
Land use mandate – Affordable housing in commercial, industrial, and mixed-use areas
A local government cannot regulate the use, density, or height of an affordable housing development if a proposed rental project is: • Multifamily or mixed-use residential in any area zoned for commercial, industrial, or mixed use; • At least 40% of units are affordable for households up to 120% AMI for at least 30 years • If mixed-use, at least 65% is residential Local government cannot require a development authorized under this preemption to obtain a zoning/land use change, special exception, conditional use approval, variance, or comp plan amendment for the use, density, or height authorized under the mandate.
Zoning & Land Use
Land use mandate – Affordable housing in commercial, industrial, and mixed-use areas
Additional provisions: • All other state and local laws apply. • If a proposed project satisfies the existing LDRs for multifamily residential and is consistent with the comprehensive plan, project must be administratively approved • LGs must consider reducing parking requirements if project within one-half mile of a major transit stop • Consider the 20% Rule at subsection (f)
Zoning & Land Use
Frequently asked questions • What is meant by any area zoned for “commercial, industrial, or mixed use”? • Does that preemption cover Planned Unit Developments (PUDs)? • Who is responsible for compliance monitoring? • What about floodplain management and environmental regulations?
Zoning & Land Use
Updates on the LLA zoning mandate Pro active o rd inance /
p o licy im p le m e ntatio n Guid e d g ro wth p o licie s Mo nito ring /e nfo rce m e nt ap p ro ache s KEY CRO SSINGS
Zoning & Land Use
Being proactive: Local policy considerations
A lo cal p o licy o r o rd inance that cle arly d e fine s lo cal inte rp re tatio n o f the land use m and ate can b e o f g re at b e ne fit to the affo rd ab le ho using ind ustry. J urisd ictio ns with ad o p te d LLA m and ate o rd inance s/p o licie s: • St. Pe te rsb urg • Bo ca Rato n • Me lb o urne • O rang e Co unty • Miam i-Dad e Co unty
Zoning & Land Use
Guiding Growth in light of the LLA mandate
Local governments still have policy levers to “guide growth” despite this mandate Policies to consider: Allow more multifamily development in residential areas Allow more areas where multi-family, commercial, and/or light industrial can be mixed Layer incentives in targeted areas to guide growth (impact fee waivers, density bonuses, etc. Use ss. 125.01055(6)/166.04151(6) land use tool for affordable housing
Example: City of Sarasota
Zoning & Land Use
Provides 4x density in four targeted downtown districts for developments that set aside at least 15% of their units as affordable: Downtown Neighborhood Edge Downtown Edge Downtown Core Downtown Bayfront Affordability: 60-120% AMI At least 1/3 of attainable units must serve households 80% or below AMI No more than 1/3 must serve 100-120% AMI Ownership and rental housing
Example of a local government making targeted areas more desirable for development to “compete” with the Live Local preemption.
“Affordable Housing” Senate Bill 328 (Calatayud) House Bill 1239 (Lopez, V.) These are the Live Local Act amendment bills to follow this session.
Senate Bill 328/House Bill 1239 – Live Local Act Amendment Bills (as of 1/24/24) Amendments to the land use mandate: • Would remove applicability from areas zoned for “industrial” use • Opens the possibility for preemption projects to be a mix of ownership and rental housing as long as 40% of the total units are affordable rental units • Provides that if a proposal is in a transit-oriented development, it must be mixed-use residential • Newly states that local governments cannot limit the floor area ratio of a proposal below the “highest currently allowed . . . floor area ratio” on any land where residential development is allowed in the jurisdiction
Senate Bill 328/House Bill 1239 – Live Local Act Amendment Bills (as of 1/24/24) Amendments to the land use mandate: • Reduces the buffer to determine maximum height allowances from 1 mile to ¼ mile from the proposed development • Allows local governments to limit the maximum height if a building on a property adjacent to a proposed development is 3 stories or less to 135% of the tallest building on a property adjacent to the proposed development or 3 stories, whichever is higher • Requires every local government to post a policy on its website containing the expectations for administrative approval
Senate Bill 328/House Bill 1239 – Live Local Act Amendment Bills (as of 1/24/24) Amendments to the land use mandate: • Requires local governments to reduce parking requirements for a proposal within ½ mile of a “major transportation hub” as defined in the bill • Eliminates parking requirements for a proposed mixed-use residential development within a transit-oriented development • Provides that proposals within ¼ mile of a military installation may not be administratively approved • Provides that the preemption does not apply to certain areas in close proximity to an airport • Clarifies conforming and non-conforming uses
Public Policy Workshop LLA Topics • Panelists’ experiences with the Live Local Act to date • What role should the state play in local affordable housing policy? • Where does state and local affordable housing policy go from here?