Subject:
Title
Approval: 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
Board approval of revisions to BCC-100, "Evaluation Procedures for Development Proposals Pursuant to thew Live Local Act Which Are Not Otherwise Permissible."
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Summary Explanation and Background:
On March 29, 2023, the Live Local Act 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.
On July 22, 2024, the Planning and Zoning Board reviewed the amended policy, and it recommended denial with the additional recommendations to (1) ensure compliance with Federal and State regulations and (2) investigate the ability to change threshold figures related to affordability. Based on the recommendation regarding State and Federal regulation, staff has added language to ensure compliance with such regulations where it would be a normal part of its review outside of the Live Local Act. Staff cross-checked the threshold affordability fi...
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