Subject:
Title
Public Hearing: Amendment to Chapter 62, Article I, Section 62-2, “Rules of construction and definitions,” Brevard County Code of Ordinances, to add a definition of “Major Transit Stop,” in order to comply with Chapter 2023-17, Laws of Florida (Live Local Act)
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Fiscal Impact:
None
Dept/Office:
Planning and Development
Requested Action:
Recommendation
Staff is requesting the Board approve the attached Ordinance Amendment, in order to comply with Chapter 2023-17, Laws of Florida (Live Local Act).
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Summary Explanation and Background:
On March 29, 2023, the “Live Local Act” (CS/SB 102) was signed into law by Governor DeSantis. This Act is designed to facilitate and encourage the development of affordable housing. Among many other requirements for local governments, the Act amends Section 125.01055, Florida Statutes, to state that “. . . a county must consider reducing parking requirements for a proposed development authorized under this subsection if the development is located within one-half mile of a major transit stop, as defined in the county’s land development code, and the major transit stop is accessible from the development. . . .”
The County’s Land Development Code (i.e., Chapter 62, Brevard County Code of Ordinances) does not include a definition of “major transit stop.” There are also no contextually relevant definitions in Florida Statutes. On September 12, the Board of County Commissioners considered legislative intent and permission to advertise an amendment to add such a definition. The proposed definition is intended to be utilized for the limited purpose of determining when the County must consider reduced parking requirements pursuant to the Live Local Act. It is not a limitation on the utilization of other parts of the Act, such as approval of enhanced density.
Staff had initially developed a definition modeled from the Florida Department of Transportation’s definition of “transit center.” This definition was considered by the Building Construction Advisory Committee (“BCAC”), which unanimously recommended approval of the Ordinance Amendment. This version of a potential definition is presented as “Option A” below and in the file name of the corresponding attached Ordinance Amendment. Subsequent to this, the Planning and Zoning Board/Local Planning Agency recommended expanding the definition to include all bus stops operated by Brevard County Transit. A definition meeting this recommendation is presented as “Option B” below and in the file name of the corresponding attached Ordinance Amendment.
For purposes of the Live Local Act, those “major transit stops” that are within municipalities may still be used to qualify a development for reduced parking requirements, if the eligible development is in an unincorporated area within ½ mile from such stop. However, the definition would not apply to those developments within municipalities; cities are free to create their own definitions as they see fit.
It should be noted that this definition is designed to work in conjunction with procedures for implementing the Live Local Act. Its addition to the Code does not preclude a developer from utilizing existing tools including, but not limited to, reduced parking requirements obtained through parking accumulation studies (Sec. 62-3206, Brevard County Code of Ordinances) and affordable or workforce housing incentives (Sec. 62-6310).
As this Ordinance modifies Chapter 62 of the Brevard County Code of Ordinances, “Land Development Regulations,” the amendment, if adopted by the Board would not become effective within the Area of Critical State Concern until review by Florida Commerce, pursuant to Florida Law.
Option A: Adopt attached Ordinance Amendment with staff-proposed definition of “major transit stop,” as modeled after the Florida Department of Transpiration’s definition of “transit center:”
Option B: Adopt attached Ordinance Amendment as recommended by the Planning and Zoning Board/Local Planning Agency, which would have the effect of qualifying all bus stops operated by Brevard County Transit as a “major transit stop.”
Clerk to the Board Instructions:
Once ordinance is filed with the State, please return two copies to Planning & Development.