LIVE LOCAL ACT OVERVIEW:

A State program, the Live Local Act was created under Senate Bill 102 and became effective July 1, 2023. Since then, several amendments have been made to the Live Local Act. The Live Local Act can be found under Florida Statute 125.01055.

PROGRAM GOAL:

The Live Local Act is intended to increase the development of affordable housing in the State of Florida by allowing administrative approval of these projects under certain circumstances. The Live Local Act requires the County to administratively approve eligible multi-family and mixed-use development.

PROCEDURES FOR THE LIVE LOCAL ACT IN MANATEE COUNTY:

1. Eligibility. The affordable housing development project must be a multifamily project or a mixed-use residential project in which the residential component is multifamily. The project must be located within one of the County’s zoning districts that permits commercial, industrial, or mixed-use.
   
   Property owned by a religious institution that is greater than 3 acres in size and has contained a house of public worship for at least 5 years before the proposed development is also eligible. The house of public worship must continue to operate after the proposed development is constructed.
 
2. Mixed-Use. For mixed-use residential projects, a minimum of 65% of the total square footage must be used for multifamily residential purposes. A minimum of 10% must be used for non-residential purposes.
 
3. Affordability. A minimum of 40% of the residential units must be rental units that are, for at least 30 years, affordable as defined in F.S. § 420.0004.
 
4. Land Use Restriction Agreement (LURA). The Applicant shall enter into a land use restriction agreement with the County. Prior to Final Site Plan approval, a land use restriction agreement for affordability shall be recorded in the official records of Manatee County that is binding on all successors in interest and is in a form acceptable to the County Attorney. The LURA will remain attached to the deed, regardless of ownership changes. The agreement shall provide for the number of units which are Affordable Units to ensure that the units are retained as Affordable Units for a minimum of thirty (30) years in accordance with the Live Local Act. During the 30-year period, the owner shall submit an Annual Report to Manatee County detailing compliance with the LURA.
   
   The County Administrator, or designee, is authorized to approve and execute LURAs associated with Live Local.
 
5. Density. Density is limited to the highest density currently allowed by right in the County.
 
6. Floor Area Ratio (FAR). FAR for nonresidential uses is limited to 150% of the highest FAR currently allowed by right in the County.
 
7. Height. Building height is limited to the highest currently allowed height by right, or the highest allowed for a commercial or residential building located in the County within one mile of the affordable housing development project or 3 stories, whichever is higher. The applicant must provide a narrative on the methodology for calculating allowable building height.
 
8. Setbacks. The property will utilize the underlying zoning setbacks, or if the property is zoned for Planned Development (PD) the setbacks will be RMF-9.
 
9. Parking. Parking requirements shall, upon request of an applicant, be reduced by 15% if the property:
   • Is located within one-quarter of a mile of a transit stop that is accessible from the development;
   • Is located within one-half mile of a major transportation hub, as defined in F.S. § 166.04151, that is accessible from the project via pedestrian-friendly means such as sidewalks or multi use trails; or
   • Has available parking within 600 feet which may consist of options such as on-street parking, parking lots, or parking garages available for use by residents of the project.
10. Excluded Areas. The Live Local Act excludes:
    • Airport-impacted areas as provided in Florida Statute 333.03:
      • Runways Exemption Zones. The statute excludes proposed development near a runway within one-quarter of a mile laterally from the runway edge and within an area that is the width of one-quarter of a mile extending at right angles from the end of the runway for a distance of 10,000 feet of any existing airport runway or planned airport runway.
        • Airport Runway Protection Exemption Zones Map:
        • 
      • Noise Contour Map. The statute excludes proposed development within any airport noise zone identified in the federal land use compatibility table or in a land-use zoning or airport noise regulation adopted by County. 
        • Airport Noise Contour Map:
        • 
      • Height Restriction Map. The statute excludes proposed development that exceeds maximum height restrictions identified in the political subdivision’s airport zoning regulation. 
        • Airport Maximum Height Restriction Map:
        • 
      • Recreational and commercial working waterfront (F.S. 342.201(2)(b)) in industrial zones
11. Consistency with Land Development Regulations. The development must:
    • Satisfy all applicable Land Development Regulations
    • Meet the requirements of this Resolution; and
    • Be consistent with the Comprehensive Plan, with the exception of provisions establishing allowable densities, FAR, parking, height and land use.
    • Be in compliance with the Land Development Code, with the exception of provisions establishing allowable densities, FAR, parking, height and land use.
12. Livable Manatee. To qualify for affordable housing financial incentives related to Livable Manatee, Resolution No. R-22-158, the affordable units must be at or below 80% AMI.
 
13. Pre-application Meeting. The applicant shall schedule and attend a pre-application meeting with County staff (see Land Development Code Section 312.2).
 
14. Neighborhood Workshop. For purposes of public notification, a neighborhood workshop is required. Prior to scheduling a neighborhood workshop, the applicant shall coordinate the meeting date, time and location with Manatee County Agenda staff.
    
    The Neighborhood Workshop shall take place following the Pre-Application conference and before Sufficiency review. 

CONTACT INFORMATION

For development related questions, please contact:

Development Services Department
(941) 748-4501
compplanning@mymanatee.org

For questions related to LURAs or affordability, please contact:

Community & Veterans Services Department
Helena Yeatman
Housing and Community Development Coordinator
(941) 748-4501 Ext. 6296
helena.yeatman@mymanatee.org