TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Terrence R. Moore, ICMA-CM
DATE: January 21, 2025
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A PRESENTATION ON THE LIVE LOCAL ACT AND BRIEF REVIEW OF THE LIVE LOCAL PROJECT SUBMITTED FOR 2101 SOUTH CONGRESS AVENUE.
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Recommended Action:
Recommendation
Receive a presentation and update on the Live Local Act.
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Background:
On March 29, 2023, Senate Bill (SB) 102 also known as the "Live Local Act," was signed into law and became effective on July 1, 2023. The intended purpose of the Live Local Act is to provide incentives for development providing rental workforce housing. In 2024, the Live Local Act was amended through SB 328. These bills include tax incentives and establish requirements for these projects, as well as direction to counties and cities. The Development Services page on the City website provides links to both bills to review the full text of the legislation.
The Live Local Act preempts the City's zoning and land use regulations, including the approval process, for development providing at least 40% of rental units for on-site workforce housing.
Pursuant to the adopted State Statutes, the following standards apply to Live Local Act projects in Delray Beach:
Locations: Live Local Act projects are allowed in any commercial, industrial, or mixed-use zoning district - even in those that do not allow residential uses.
Density: Regardless of location, Live Local Act projects can use the highest standard density allowed anywhere in municipal boundary. The maximum standard density in Delray Beach is 40 du/ac in the MROC zoning district.
Workforce Housing: A minimum of 40% of the total units within the development must be provided as on-site as workforce housing with affordability maintained for 30 years.
Height: Live Local Act projects are allowed to use the highest height allowed in Delray Beach within one-mile of the property, without Commission approval or rezoning. The ma...
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