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 con...
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