CITY COUNCIL AGENDA ITEM
Memo Date: October 22, 2024.
Agenda Date: November 12, 2024.
Prepared By: Jennifer Webster, City Planner
Through: Stockton Whitten, City Manager
Requested Action:
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Consideration of a Resolution of the City of Cocoa, Florida, electing to not exempt certain property from ad valorem taxation, as allowed under section 196.1978(3)(o), Florida Statutes, providing for conflicts, severability, and an effective date.
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BACKGROUND:
LIVE LOCAL ACT
Florida's Live Local Act was created by Senate Bill 102 and became effective on July 1, 2023. Section 3 of the Live Local Act (LLA) created new subsection (7) in Section 125.01055, Florida Statutes, which relates to affordable housing.
The statute permits a development project to be exempted from a municipality's established zoning requirements such as maximum density, height, and allowable uses, to increase the availability of affordable housing. It also allows these developments to be built in zoning districts not designated for residential development such as Commercial and Industrial zoning districts. This can often be contrary to the municipality's established Future Land Use pattern and the mandated Comprehensive Plan. The act provides for administrative approval of residential and mixed-use multifamily rental developments in which at least 40 percent of the residential units are, for a period of at least 30 years, affordable as defined in Florida Statutes.
With regard to local government control, the bill also:
* Removes a local government's ability to approve affordable housing on residential parcels by bypassing state and local laws that may otherwise preclude such development, while retaining such right for commercial and industrial parcels.
* Removes provision in current law allowing local governments to impose rent control under certain emergency circumstances, preempting rent control ordinances entirely.
* Requires counties and cities to update and electronically...
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