Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Affordable Housing Livelocal topic
No spam. Unsubscribe anytime.
County adopts land‑use restriction agreement template to enforce Live Local Act projects
Summary
The Board approved a template land‑use restriction agreement to track and enforce Live Local Act affordable‑housing requirements, including a 30‑year affordability term; attorneys for property owners urged removal of a clause limiting unit size mix, but the board approved a discretionary template that county attorneys can tailor to each project.
Martin County commissioners voted unanimously to adopt a template land‑use restriction agreement (LURA) to be used when approving projects under Florida’s Live Local Act. The agreement is intended to memorialize developer obligations — including income eligibility, monitoring, audits and a 30‑year affordability period — and to give the county a contractual enforcement tool consistent with state law.
Elise Elder, acting county attorney, explained the board could not require separate board approval of each Live Local project and that administrative approval through Growth Management would be complemented by a recorded LURA to protect the county and ensure compliance. ‘‘We are asking the board to approve the use of a template to require it in the approval of a Live Local Act project,’’ Elder said, noting the agreement runs with the land and allows audits and monitoring.
An attorney speaking for multiple property‑owner clients, Nicholas Geisler, said the template’s Section 4.5 — which places limits on the size and bedroom mix of the affordable units relative to the market units — goes beyond the statute and could make projects unworkable. Geisler advised his clients they would not sign the agreement in its current form and recommended deleting Section 4.5.
Elder said the template is intentionally a starting document; the resolution gives the county attorney discretion to tailor the LURA to each project, and staff will coordinate with Human Services for annual monitoring and income verification. Commissioners debated the balance between protecting affordability over time and avoiding contractual conditions that could discourage developers from using the Live Local pathway. The board approved the template and authorized the county administrator to execute the agreements on the county’s behalf.
