PLACEMENT: Departmental
TITLE:
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ADOPT A RESOLUTION APPROVING LAND USE RESTRICTION AGREEMENT TEMPLATE FOR LIVE LOCAL ACT PROJECTS APPROVED PURSUANT TO SECTION 125.01055, FLORIDA STATUTES AND AUTHORIZING EXECUTION BY THE COUNTY ADMINISTRATOR
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EXECUTIVE SUMMARY:
executive summary
This is a request for the adoption of a Resolution approving a Land Use Restriction Agreement template and authorizing execution by the County Administrator for projects approved under the Live Local Act.
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DEPARTMENT: County Attorney
PREPARED BY: Name: Elysse A. Elder
Title: Acting County Attorney
REQUESTED BY:
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
The Live Local Act became effective on July 1, 2023, and was subsequently amended in 2024 and 2025. The Live Local Act authorizes multifamily and mixed use residential as allowable uses in any area zoned commercial, industrial, or mixed use, including any flexibly zoned areas, if at least 40 percent of the residential units in a proposed multi-family rental development are affordable as defined in Section 420.0004, Florida Statutes, for a period of 30 years. A proposed multifamily development project that satisfies the Live Local Act’s requirements is not required to obtain a zoning or land use change and such project must be administratively approved. The County Attorney’s Office is recommending approval by the Board of a form Land Use Restriction Agreement between the Owner of Live Local projects and the County to ensure compliance with the requirements of the Live Local Act and yearly monitoring of the affordable housing component.
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, has identified and addressed legal risks, and has developed strategies for legal defensibility.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board adopt a Resolution approving the Land Use Restriction Agreement template and authorizing execution by the County Administrator.
ALTERNATIVE RECOMMENDATIONS
Direct staff accordingly.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☐Other:
This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback <http://www.martin.fl.us/accessibility-feedback>.