Live Local Act

What is the Live Local Act?

 

The Live Local Act was created by Senate Bill 102.  The Live Local Act (the Act) created new subsection (7) in Section 166.04151, Florida Statutes, which relates to affordable housing.

 

The Act allows a development project to preempt established density, height, and allowable uses to increase the availability of affordable housing. The Act provides for administrative approval of single family, multifamily, and mixed-use multifamily 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.

 

Live Local Act projects must still adhere to all other limitations and requirements contained in City of Plant City’s Comprehensive Plan and Code of Ordinances.

 

As this is a new program, please check back for new information regarding updates or clarifications of these new guidelines.

 

What are the general characteristics and requirements for a project to qualify under the Live local Act in the City of Plant City?

 

Land to be developed must be currently zoned for commercial, industrial or mixed use (C-1A, C-1B, C-1, C-2, C-1C, M-1, M-1A, M-AP, CC, and MTD). Portions of Planned Developments that are specifically approved for commercial uses, industrial uses or mixed-use uses qualify. Portions of Planned Developments within the PD districts designated for residential, recreation or open space areas do not qualify for the Live Local Act.

 

Development types that are mixed-use residential projects must have at least 65% of total square footage used for residential purposes.

 

The Act provides that the density of the project is the highest allowed density on any land in the City of Plant City where residential development is allowed. The highest allowed density does not include any density bonus, variance or special exception for density that may be allowed as an incentive for development. 

 

The Act provides that the highest currently allowed height for a commercial or residential development located in the City of Plant City within 1 mile of the proposed development or 3 stories, whichever is higher.  The highest allowed height does not include any density bonus, variance or special exception for density that may be allowed as an incentive for development.   However, if the proposed development is adjacent to, on two or more sides, property zoned for single-family residential use which is within a single-family development with at least 25 contiguous single-family homes, the City may restrict the height of proposed development to 150 percent of the tallest building on any property adjacent to the development or 3 stories, whichever is higher. 

 

The proposed project must satisfy the Plant City Code regulations for multifamily developments in areas zoned for such use and otherwise be consistent with the Comprehensive Plan, with the exception of provisions establishing allowable densities, height, floor area ratio and land use.

 

At least 40 percent of the residential units shall be designated as affordable housing, as defined in Florida Statutes, for a period of at least 30 years subject to a Land Use Restriction Agreement (LURA).

 

What is the process for a Live Local Act project in the City of Plant City?

 

Property owner submits: (a) Site Development application and (b) proposed Declaration of Covenants and Restrictions Land Use Restriction Agreement (LURA).

 

Property owner submits a Site Development application to the Planning and Zoning Division as required by the City’s Code of Ordinances. If the property is currently zoned Planned Development, the application would need to include the information necessary for a modification of the Planned Development District.

 

Property owner engages with the Planning and Zoning by e-mailing planning@plantcitygov.com for the preparation and execution of a LURA.

 

Once the Live Local Act project receives final site development construction plan approval, LURA is signed by the parties and recorded.

 

A fully executed and recorded LURA will be a checklist item required for release of approved site development construction plans and authorization to begin development activity as provided in the approved plans.

 

The Planning and Zoning Division will begin monitoring the project for compliance with the LURA.