Interoffice Memorandum
DATE: August 18, 2024
TO: Mayor Jerry L. Demings and County Commissioners
THROUGH: N/A
FROM: Tanya Wilson, AICP, Director, Planning, Environmental, and Development Services Department
CONTACT: Alan Marshall, Assistant to Director, Planning, Environmental, and Development Services Department
PHONE: (407) 836-5884
DIVISION: Zoning Division
ACTION REQUESTED:
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Approval and execution of Resolution of the Orange County Board of County Commissioners regarding adoption of Standard Operating Procedures to implement the requirements of the Live Local Act; and Approval and execution of Resolution of the Orange County Board of County Commissioners regarding Adoption of a Form Land Use Restriction Agreement for Affordable Multi-Family Development to be used when the County approves applications filed pursuant to Section 125.01055(7)(The “Live Local Act”). All Districts (Zoning Division)
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PROJECT: Update to Orange County Live Local Development Processes Required by Senate Bill 328
PURPOSE: On May 16, 2024, Governor DeSantis signed Senate Bill 328, which served as an update to legislation known as the Live Local Act (“Act”), effective July 1, 2023. The original Act required local governments to authorize multifamily and mixed-use residential as allowable uses in any area zoned for commercial, industrial, or mixed use, if at least 40 percent of the residential units in a proposed multi-family rental development are, for a period of at least 30 years, affordable as defined in Section 420.0004, Florida Statutes. A proposed multifamily development that satisfies the Act’s criteria is not required to obtain a zoning or land use change, special exception, conditional use approval, variance, or comprehensive plan amendment for the building height, zoning, and densities, and such projects must be administratively approved. On August 8, 2023, the Board approved a Resolution adopting standard operating procedures and zoning guidelines to implement the requirements of the Act.
The new legislation makes several changes to the original Live Local Act, some of which provide clarity to existing standards, and others which are new.
Regarding Affordable Units:
• Clarifies that qualifying affordable units in a development must be rental units.
Regarding Development Standards:
• Preempts “floor area ratio” standards for qualifying developments.
• Requires a qualifying development within a transit-oriented development or area to be mixed-use residential.
• Prohibits qualifying developments within one-quarter mile of a military installation from utilizing the act’s administrative approval process.
• Exempts certain airport impacted areas from eligibility.
• Modifies parking reduction requirements for qualifying developments located near certain transportation facilities.
• Requires developments authorized under the Act to be treated as a conforming use even after expiration of the development’s affordability period and after the expiration of the applicable statutes.
Regarding Zoning Guidelines:
• Clarifies that “currently allowed” density, height, and floor area ratio does not include any bonuses, variances, or other special exceptions.
• Modifies height preemption provisions to address situations where a qualifying development is adjacent to single family zoned parcels or single-family homes.
• Clarifies provisions concerning bonuses for height, density, and floor area ratio for qualifying developments.
On September 10, 2024, staff will provide a presentation outlining the major provisions in Senate Bill 328 and the changes needed to update the current Live Local Standard Operating Procedures and Zoning Guidelines. In addition, staff will describe a template Land Use Restriction Agreement (LURA) necessary to ensure affordability. Staff will present a Resolution adopting revised standard operating procedures and zoning guidelines along with a Resolution adopting a standard form LURA template to implement the requirements of the updated Live Local Act, and authorizing the Director of the Planning, Environmental and Development Services Department, or authorized designee, to sign the Land Use Restriction Agreement.
BUDGET: N/A