HomeMy WebLinkAbout2024-02 Pending Legislation to Qualify for Affordable Housing Projects Under the Live Local ActRESOLUTION NO. 2024-02
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
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 Lite 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 Conunission of the City of Ocoee,
Florida that:
SECTION 1. The foregoing recitals are re -incorporated herein as if set forth at length;
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 pI•oviding 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 lQtlay of MAMA
2024.
ATTEST:
Melanie Sibbitt; City Clerk
... (SEAij L),,
b 'f .,N
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
APPRQVED AS TO FORM AND LEGALITY
this 14tday of Zot" a rW 2024.
FISHBACK DOMINICK
City Attorney
APPROVED:
CITY OF OCOEE, FLORIDA
Rusty J
APPROVED BY THE OCOEE CITY
COMMISSION ON �anUQYU I (F , 2024
UNDER AGENDA ITEM NO. U
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Legislation.doc
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