Subject:
Title
Recommendation to the Board of County Commissioners: Revisions to BCC-100, “Evaluation Procedures for Development Proposals Pursuant to the Live Local Act Which Are Not Otherwise Permissible.”
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Fiscal Impact:
None
Dept/Office:
Planning and Development
Requested Action:
Recommendation
It is requested that the Planning and Zoning Board review the proposed amendments to the attached Policy, BCC-100, and issue recommendation to the Board of County Commissioners.
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Summary Explanation and Background:
On March 29, 2023, the “Live Local Act” (Chapter 2023-17, Laws of Florida) was signed into law by Governor DeSantis. This Act is designed to facilitate and encourage the development of affordable housing. Included in this Act were several requirements regarding land use as it relates to affordable housing developments. In response, in October 2023 the Board of County Commissioners instituted BCC-100, “Evaluation Procedures for Development Proposals Pursuant to the Live Local Act Which Are Not Otherwise Permissible,” as its mechanism to implement the land development aspects of the Act.
Staff recommended addressing the matter through Board policy rather than Ordinance because it expected the “law to continue to develop and be clarified in the foreseeable future.” That expectation has come to pass. During the 2024 Legislative Session, the Legislature made further Amendments to the law via Chapter 2024-188, Laws of Florida. The attached amended policy is designed to implement these changes. As before, it was staff’s intent in drafting the language to limit this Policy to as pure an implementation of the Act’s requirements as possible. Substantive changes to the Policy include:
• Exclusion of “airport impacted areas” and a radius of ¼ mile from military installations from the exemptions from Land Development Regulations.
• Amendments to height allowances.
• Inclusion of Floor Area Ratio as a criteria for review.
• Amendments to procedures and criteria for reduced parking requirements.
• Clarification that failure to continuously abide by the provisions of the Act will result in treatment of the property as a nonconforming use, and allowing for a reasonable time to cure.
Clerk to the Board Instructions:
None