Cape Canaveral Confronts Affordable Housing Act Challenges
- Meeting Overview:
In a recent Cape Canaveral Planning and Zoning Board meeting, the implications of the Live Local Act on local zoning authority were scrutinized, revealing concerns about the city’s ability to regulate affordable housing projects. The board analyzed the Act’s provision that enables bonus density for affordable housing projects without requiring public hearing approvals, thereby removing the local government’s governing body from the approval process. Notably, the Act allows for administrative approval, sidestepping public notice requirements, even if the location is zoned for industrial or commercial use.
The potential alterations to the Live Local Act were also discussed, including legislative changes that could impact city and county floor area ratio limitations, with particular attention to how these changes might affect the A1A overlay district. The district’s design and standards efforts could be nullified by the Act’s density and height impacts, although increased landscaping requirements and architectural standards might still apply.
The long-term implications of the Act were a focal point, with affordable housing projects required to maintain affordability for 30 years. Comparisons were drawn to the Telecommunications Act of 1996, which similarly preempted local zoning authority to advance a federal objective. The state’s comprehensive approach to address the demand for affordable housing was likened to this earlier Act.
The potential impact on the city’s tax revenue was also a topic of concern. The board noted that despite the possibility of reduced local revenues, the state is investing billions into developing workforce housing, offering various tax incentives to developers.
The meeting also delved into the creation of a new category for minor site plan reviews and associated fees. The proposed changes aimed to close a regulatory gap by including single, two, and three-family dwelling units in a new minor site plan review process. This would enable administrative review of aspects such as stormwater analysis and landscaping before building permits are issued, with the intent to be more streamlined and cost-effective than full commercial structure site plan reviews.
The fee structure was a point of discussion. The board considered ensuring that the fees covered costs incurred from reviews by the city engineer or third-party contractors. A deposit of estimated costs was proposed to be required upon application to cover expenses of repeated engineering reviews, which had become costly.
Moreover, the board discussed the financial implications of site plan reviews and stormwater management requirements. The city currently absorbs approximately $1,000 per review for engineering costs. The board explored strategies to recoup these expenses, including establishing fees that reflect the scope of the project and a percentage-based charging system.
Impervious surface coverage and its environmental impacts were another critical subject. The board discussed the potential introduction of maximum impervious surface ratios for different zones within the city to mitigate local flooding and heat island effects. Incentives for low-impact development strategies were considered important to encourage property owners to comply with new standards.
The board also highlighted the importance of educational outreach and negotiation with developers to promote eco-friendly practices. The ongoing smart rain garden project at Veterans Memorial Park, supported by a National Science Foundation grant, was cited as an example of low-impact development.
The meeting concluded with the announcement of upcoming events and accolades, including an appreciation dinner for board members and a proposed workshop to examine low-impact development policies. The board suggested a joint workshop with the council and the public to further explore clean water policy and nature-based development solutions.
Wes Morrison
Planning Board, Zoning Board Officials:
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Meeting Type:
Planning Board, Zoning Board
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Committee:
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Meeting Date:
01/24/2024
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Recording Published:
01/30/2024
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Duration:
89 Minutes
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Notability Score:
Routine
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State:
Florida
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County:
Brevard County
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Towns:
Cape Canaveral
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