City Council Approves Live Local Act Update

The Florida Legislature passed the Live Local Act in 2023 to address affordable housing issues. The legislation contained three key features, the most important being “pre-emption,” whereby local land development codes and zoning restrictions are set aside for affordable housing projects if those projects meet certain benchmarks. The other elements of the act provide tax exemptions and some funding for affordable housing development.

Earlier this month, the Palm Coast City Council approved amendments to the land development code to implement and ensure the city’s compliance with the Live Local Act, but not without some concerns.

Local governments across Florida have expressed a variety of concerns about the act, especially the pre-emption of local zoning regulations to foster affordable housing development.

Michael Hansen with the city’s Planning and Zoning Division briefed council members on the status of the changes.

“We last discussed this approximately a month ago,” he said. “Council voted unanimously to move the ordinance forward.”

Hansen said the final version includes some changes requested by the City Council, including the non-residential component of development projects under the Live Local Act from 30% to 35% and modifying the definition of a transit stop to exclude school bus stops.

“It kind of forced our hands to approve affordable housing development within non-residential districts,” he said. “We are taking the position this doesn’t apply to our master plan developments.”

Council Member Theresa Pontieri said the city will need to be flexible as it implements the land development code changes to comply with the Live Local Act.

“I think we’re just possibly going to have to be fluid and even thinking about protections for us to grandfather things in,” she said.

Hansen said to date the city has received one application for development under the Live Local Act. He said applications received before passage of the state law will be grandfathered in under the old regulations.

Council Member Ed Danko asked why the city is changing aspects of a law that has already been passed by the state.

Hansen said the intent of the city ordinance “is to try and protect the city as much as possible.”

Pontieri said it is important the city protect areas zoned non-residential and the city’s ability to set building and zoning rules and “protecting our sovereignty as a city to regulate ourselves.”

The measure passed 4-1 with Danko voting no.