Subject:
Title
Board Approval, 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:
Board Approval of Attached Policy, BCC-100, "Evaluation Procedures for Development Proposals Pursuant to the Live Local Act Which Are Not Otherwise Permissible."Recommendation
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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. Included in this Act are several requirements regarding land use as it relates to affordable housing developments. The attached proposed Board Policy, BCC-100, is designed to implement those land use requirements contained in the Act.
Of particular importance, the Act requires that the County administratively approve developments that meet certain criteria, even if not consistent with certain zoning, land use, and height requirements (subject to limitations).
It should be noted that, while this policy would be an additional avenue for developers pursuant to the Act, current Land Development Regulations relating to affordable housing will remain in effect (see especially Chapter 62, Article XVIII, "Affordable and Workforce Housing Incentives," Brevard County Code of Ordinances).
Staff expects this area of the law to continue to develop and be clarified in the foreseeable future. As such, it is proposing to implement the mandated land use regulations through Board Policy, rather than a Code Amendment, at this time. This will allow for a more nimble response to any developments necessitating changes. As this Policy effectively administers a Statutory mandate that allows developers to act outside of the parameters of the County's Land Use Regulations, it was drafted in such a manner to do no more or less than what the Live Lo...
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