Live Local Act
Information on the Live Local Act created by the Florida Legislature
What is the Live Local Act?
The Live Local Act was created by Senate Bill 102 and became effective on July 1, 2023. Section 3. of the Live Local Act (the Act) created new subsection (7) in Section 125.01055, Florida Statutes, which relates to affordable housing.
The statute 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 residential and mixed-use multifamily rental 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 the City of Cape Coral’s Comprehensive plan and Land Development Code regulations for multifamily developments in areas zoned for such use.
As this is a new program, please check back often for new information as we gather experience and clarification regarding these new guidelines.
What are the general characteristics and requirements for a project to qualify under the Live local Act in Cape Coral?
- Land to be developed must be currently zoned for commercial uses, industrial uses or mixed-use.
- Development types allowed on proposed land are multifamily rental and mixed-use multifamily rental projects with at least 65% of total square footage used for residential purposes.
- Highest allowed density is 125 dwelling units per acre.
- Highest currently allowed height for a commercial or residential development located Cape Coral within 1 mile of the proposed development or 3 stories, whichever is higher. Exception: if a proposal is on two or more sides adjacent to single-family-zoned property within a single-family-zoned development with at least 25 contiguous single-family homes, a municipality may limit the highest of the following:
-
-
- 150 percent of the tallest building adjacent to the proposed development.
- The highest currently allowed height for the property based on land development regulations.
- 3 stories
-
- Parking must be in accordance with the City’s Land Development Code which includes the ability to request a parking deviation.
- Must satisfy the City’s Land Development 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 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).
- The City of Cape Coral has less than 20% of its land designated as commercial, industrial, or mixed use. Because of this development must be a minimum of 10% mixed use. Common areas, leasing offices, parking etc. that is ancillary to the multi-family use does NOT fulfill this requirement. Examples of this would be a vertically integrated mixed use with the first/second floors non-residential and additional floors being residential in nature or a horizontal mixed use where 10% of the land area is reserved for non-residential uses. Another example would be infill of an existing commercial subdivision where a shared stormwater system is in place and a minimum of 10% of the land area is non-residential in nature.
What is the process for a Live Local Act project in Cape Coral?
- Obtain an approved Live Local Act Verification from the Development Services Department – City Planning Division
- City Planning Division sends approval to the Land Development Division.
- Applicant schedules a pre-application meeting with the Land Development Division identifying project as a SB 102 Live Local Project.
- Property owner engages with the Development Services Department – City Planning Division by emailing planning@capecoral.gov to execute a Declaration of Covenants/Restrictions Land Use Restriction Agreement (LURA) and Live Local Agreement.
- Property owner submits a site development application to DSD as required by the City’s Land Development Code.
- Once the Live Local Act project receives final site development plan approval, LURA and Live Local Agreement is signed by the City and recorded.
- A fully executed and recorded LURA and Live Local Agreement will be checklist items required for release of approved site development construction plans and authorization to begin development activity as provided in the approved plans.
- Land Development Division will advise the City Planning Division when the project has been completed and a Certificate of Occupancy/Completion is issued.
- The City Planning Division Housing Section will begin monitoring the project for compliance with the LURA and Live Local Agreement. Be advised the City maintains the right to charge appropriate fees for the annual monitoring of these units.
Documents/References
Live Local Act Verification (Coming Soon)
Sample Land Use Restriction Agreement (Coming Soon)
Sample Live Local Agreement (Coming Soon)