ITEM DESCRIPTION:
Title
2nd Reading - Ordinance 2024-O-34: Request to make text amendments changes to Chapter 21 of the Land Development Code to Article II - Definitions, Article III - Permitted, Conditional, Accessory, and Prohibited Uses, Article IV - Resource Protection Standards, and Article V - Site Design Criteria.
Body
REQUEST:
An Ordinance amending Chapter 21 (Land Development Code) proposing changes to Article II- Definitions, Article III-Permitted, Conditional, Accessory and Prohibited Uses, Article IV- Resource Protection Standards, and Article V-Site Design Criteria.
OVERVIEW:
This Land Development Code text amendment addresses changes to Chapter 2023-17, Laws of Florida, known as the "Live Local Act" approved on March 29th, 2023 by the Governor. The Act amended Section 166 04151, Florida Statues, and imposes various obligations, including the requirement for a municipality to authorize multifamily and mixed-use residential development as an allowable use 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 Section 420 0004, Florida Statutes. The Act preempts certain use, density and height regulations. Subsection 166.04151(7)(f) of the Statute provides that if a municipality designates less than twenty (20) percent of the land within its' jurisdiction commercial or industrial, the proposed multifamily development in areas zoned commercial or industrial must be mixed-use residential. The law allows a proposed affordable multi-family development to utilize the highest density in the municipality and to use the highest height within 1 mile of any commercial or industrial building or 35 feet. The Live Local Act also allows a developer to receive a 75 percent ad valorem tax reduction if at least 40 percent of the units are rented at 120 percent of Volusia County's average median income (AMI...
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