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Home My WebLink AboutItem 06 Approval of Resolution Relating to the City of Ocoee's Pending Legislation City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: January 16, 2024 Item #: 6 Contact Name: Michael Rumer Department Director: Michael Rumer Contact Number: Ext. 1018 City Manager: Robert Frank Subject: Approval of Resolution Relating to the City of Ocoee's Pending Legislation to Qualify for Affordable Housing Projects Under the Live Local Act. (Development Services Director Rumer) Background Summary: In 2023, Senate Bill 102, known as the "Live Local Act" was signed into law. The primary purpose of the Bill is an effort to increase the supply of affordable housing in the State of Florida. The Live Local Act requires municipalities to allow multifamily and mixed-use residential development in any area zoned for “commercial, industrial, or mixed-use” if at least 40 percent of the residential units in a proposed multifamily rental development are, for a period of at least 30 years, “affordable” as defined in s. 420.0004, Florida Statutes, and at least 65 percent of the total square footage of any mixed-use project is used for residential purposes, and the project otherwise “meets all other development regulations and requirements” for multifamily development. Among other things, the Live Local Act preempts local comprehensive plans and zoning code provisions with regard to maximum permitted height and density. The City is moving forward with updates to the Ocoee Land Development Code in order to articulate the requirements of the Live Local Act more clearly. The update will require Public Hearings with the City's Planning and Zoning Commission and City Commission. The attached resolution puts the public and all parties on notice that the City is considering a Land Development Code amendment that implements the Live Local Act, including a procedure for administrative approval of qualifying projects, requirements for the filing of deed restrictions, and annual certification attesting to compliance with the Live Local Act for 30 years from issuance of a Certificate of Occupancy; requirements for the equivalent treatment of all market rate and affordable dwelling units, and provisions for the City’s enforcement. Therefore, pursuant to the pending legislation doctrine (or pending ordinance doctrine) set forth in Smith v. City of Clearwater, 383 So. 2d 681 (Fla. 2d DCA 1980), the City declares and implements the pending ordinance doctrine concerning the zoning and land development regulations governing real properties and proposed mixed-use and multifamily projects located within the City limits. Issue: Should the Honorable Mayor and City Commissioners approve a Resolution Relating to the City of Ocoee's Pending Legislation to Qualify for Affordable Housing Projects Under the Live Local Act? Page 46 of 909 City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org Recommendations: Staff recommends the Honorable Mayor and City Commissioners approve a Resolution Relating to the City of Ocoee's Pending Legislation to Qualify for Affordable Housing Projects Under the Live Local Act. Attachments: 1. Live Local Act Resolution of Pending Legislation Financial Impacts: None Type of Item: Consent Page 47 of 909 RESOLUTION _______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, PROVIDING NOTICE TO THE PUBLIC OF PENDING LEGISLATION TO PROVIDE FOR ADMINISTRATIVE APPROVAL OF QUALIFYING AFFORDABLE HOUSING PROJECTS UNDER THE LIVE LOCAL ACT, MANDATING DEED RESTRICTIONS AND ANNUAL CERTIFICATION OF COMPLIANCE WITH THE REQUIREMENT TO PROVIDE AFFORDABLE HOUSING UNDER THE LIVE LOCAL ACT, REQUIRING THE EQUIVALENT TREATMENT OF MARKET RATE AND AFFORDABLE HOUSING UNITS IN THE SAME PROJECT, AND PROVISIONS FOR ENFORCEMENT THEREOF. WHEREAS, Senate Bill 102, known as the “Live Local Act,” codified as to municipalities at Section 166.04151 et seq., Florida Statutes, is an effort to increase the supply of affordable housing in the State of Florida; and WHEREAS, the Live Local Act requires municipalities to allow multifamily and mixed use residential development in any area zoned for “commercial, industrial, or mixed use” if at least 40 percent of the residential units in a proposed multifamily rental development are, for a period of at least 30 years, “affordable” as defined in s. 420.0004, Florida Statutes, and at least 65 percent of the total square footage of any mixed use project is used for residential purposes, and the project otherwise “meets all other development regulations and requirements” for multifamily development; WHEREAS, the Live Local Act preempts local comprehensive plans and zoning code provisions with regard to maximum permitted height and density; and WHEREAS, the Live Local Act leaves open to the discretion of municipalities under their broad Constitutional and statutory Home Rule authority to require, before issuance of a building permit, and for 30 years after issuance of a Certificate of Occupancy, proper documentation and certification to ensure that a developer invoking privileges under the Live Local Act actually provides affordable housing as set forth in the Live Local Act; and Page 48 of 909 2 WHEREAS, the Live Local Act leaves open to the discretion of municipalities under their broad Home Rule authority the right to impose penalties for non-compliance; and WHEREAS, the City wishes to place the public and all parties on notice that the City is considering a Land Development Code amendment that implements the Live Local Act, including a procedure for administrative approval of qualifying projects, requirements for the filing of deed restrictions and annual certification attesting to compliance with the Live Local Act for 30 years from issuance of a Certificate of Occupancy; requirements for the equivalent treatment of all market rate and affordable dwelling units, and provisions for the City’s enforcement; WHEREAS, pursuant to the pending legislation doctrine (or pending ordinance doctrine) set forth in Smith v. City of Clearwater, 383 So. 2d 681 (Fla. 2d DCA 1980), the City declares and implements the pending ordinance doctrine concerning the zoning and land development regulations governing real properties and proposed mixed-use and multi-family projects located within the City limits; and WHEREAS, property owners and developer should be aware that provisions of pending ordinances not yet adopted by the City may be applied to any proposed development or to any development application delayed by the City until the passage of the pending ordinance; and WHEREAS, the City Commission in good faith determines that this Resolution is in the best interest of the City and its residents and promotes the health, safety, and welfare of the public. NOW, THEREFORE, be it resolved by the City Commission of the City of Ocoee, Florida that: SECTION 1. The foregoing recitals are re-incorporated herein as if set forth at length; Page 49 of 909 3 SECTION 2. That the City Commission of the City of Ocoee hereby provides notice of the “pending legislation doctrine,” and directs staff to advertise for public hearing, an amendment to the City’s Land Development Code to provide a procedure for administrative approval of qualifying projects under the Live Local Act, a requirement for the filing of deed restrictions requiring the provision of affordable housing for 30 years, a requirement for annual certification of compliance with the Live Local Act; requirements for the equivalent treatment of all market rate and affordable dwelling units, and providing for the City’s enforcement of the ordinance. PASSED AND ADOPTED at a regular meeting of the City Commission of the City of Ocoee held in City Hall, Ocoee on this ____day of ___________ 2024. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA _________________________________ Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) APPROVED BY THE OCOEE CITY COMMISSION ON ______________, 2024 UNDER AGENDA ITEM NO._________ FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this ___ day of _____________, 2024. FISHBACK DOMINICK By:____________________________ Richard S. Geller City Attorney S:\AKA\CLIENTS\Ocoee, City of\Planning, Zoning and Development O164-27485\Live Local Act\Live Local Act Resolution of Pending Legislation.doc Page 50 of 909