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HomeMy WebLinkAboutR-24-0433City of Miami Resolution R-24-0433 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16798 Final Action Date: 10/24/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR RON DESANTIS AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO AMEND THE LIVE LOCAL ACT ("ACT") TO PROTECT SINGLE-FAMILY RESIDENTIAL NEIGHBORHOODS BY PROHIBITING DEVELOPMENTS UNDER THE ACT TO BE LOCATED ADJACENT TO PROPERTIES ZONED SINGLE-FAMILY RESIDENTIAL ON ONE OR MORE SIDES OR ADJACENT TO A NEIGHBORHOOD CONSERVATION DISTRICT ON ONE OR MORE SIDES; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO GOVERNOR RON DESANTIS AND THE MEMBERS OF THE FLORIDA LEGISLATURE. SPONSOR(S): Commissioner Manolo Reyes, Commissioner Christine King WHEREAS, the Florida Legislature passed the Live Local Act ("Act"), also known as Senate Bill ("SB") 102, in 2023; and WHEREAS, the Act was signed into law by Governor Ron DeSantis and became effective on July 1, 2023; and WHEREAS, the Act is aimed at providing a statewide attainable housing strategy to increase the availability of affordable housing opportunities throughout the state of Florida; and WHEREAS, the Act defines "affordable" as housing for households with an income of up to 120 percent of the median annual adjusted gross income within the area; and WHEREAS, among other things, the Act prevents local governments from restricting the density below the highest allowed on any land in the jurisdiction and the height below the highest allowed height in the jurisdiction within 1 mile of the proposed development or 3 stories, whichever is less; and WHEREAS, the Act was amended in 2024 to, among other things, provide that if a development under the Act is adjacent to, on two or more sides, a property zoned for single- family residential use that is within a single-family residential development with at least 25 contiguous single-family homes, the local government may restrict the height of the proposed development to 150 percent of the tallest building on any property adjacent to the proposed development, the highest currently allowed height for the property provided in the local government's land development regulations, or 3 stories, whichever is higher; and WHEREAS, the Act also currently provides for the elimination of parking or significant reductions of parking requirements for developments under the Act; and WHEREAS, the Act is a statewide program that does not take into account the specific needs or composition of each jurisdiction; and City of Miami Page 1 of 2 File ID: 16798 (Revision:) Printed On: 11/4/2024 File ID: 16798 Enactment Number: R-24-0433 WHEREAS, while the City of Miami ("City") understands the housing affordability emergency created by the real estate market and demand, it is essential that state lawmakers not lose sight of protecting single-family neighborhoods or communities with historic value; and WHEREAS, established single-family neighborhoods will be subject to enormous developments adjacent to their homes and community; and WHEREAS, it is critical to preserve established single-family neighborhoods and Neighborhood Conservation Districts ("NCDs") to protect quality of life for residents; and WHEREAS, while the 2023 amendment to the Act provides some protection to certain single-family neighborhoods, it is not enough and does not protect many established single- family neighborhoods nor NCDs within the City from intrusion of massive developments into their neighborhoods; and WHEREAS, the City urges Governor Ron DeSantis and the Florida Legislature to revisit the Act and amend it to protect established single-family residential neighborhoods by prohibiting developments under the Act to be located adjacent to properties zoned single-family residential on one or more sides or adjacent to an NCD on one or more sides; and WHEREAS, the City requests that the Florida Legislature work with the City on an amendment to the Act that protects these single-family residential communities from mass intrusion; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section Section 2. The City Commission urges Governor Ron DeSantis and the members of the Florida Legislature to amend the Live Local Act ("Act") to protect single-family residential neighborhoods by prohibiting developments under the Act to be located adjacent to properties zoned single-family residential on one or more sides or adjacent to a Neighborhood Conservation District on one or more sides. Section 3. The City Clerk is directed to transmit a certified copy of this Resolution Governor Ron DeSantis and the members of the Florida Legislature. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: City of Miami Page 2 of 2 File ID: 16798 (Revision:) Printed on: 11/4/2024